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Chinese Court SystemChinese Court System

Liling YueLiling Yue

China University of Political Science and China University of Political Science and LawLaw

yueliling@gmail.comyueliling@gmail.com

Terminology of “Judicial OrgansTerminology of “Judicial Organs

In China, courts and procuratorates both In China, courts and procuratorates both are addressed as “judicial organs” (are addressed as “judicial organs” ( 司法机司法机关）关） which is different from other countries which is different from other countries where judicial organ means court only. In where judicial organ means court only. In Chinese “judicial organs” are responsible Chinese “judicial organs” are responsible for application and enforcement of law. for application and enforcement of law.

According to ICCPR and other According to ICCPR and other international documents, judicial organ international documents, judicial organ shall be independent and impartial , shall be independent and impartial , procuratorates shall not be included into “ procuratorates shall not be included into “ judicial organs”judicial organs”

The debates on “ people’s” CourtsThe debates on “ people’s” Courts2

Sources of Law Related Organization of Sources of Law Related Organization of CourtCourt

The Organic Law of the People’s Courts The Organic Law of the People’s Courts ( OLPC)( OLPC)

Criminal Procedure LawCriminal Procedure Law Civil Procedure LawCivil Procedure Law Administrative Procedure LawAdministrative Procedure Law

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The Structure of the Courts in ChinaThe Structure of the Courts in China The Supreme People’s CourtThe Supreme People’s Court High People’s CourtHigh People’s Court Intermediate People’s Court Intermediate People’s Court Basic People’s Court Basic People’s Court * In order to provide additional access * In order to provide additional access

to the court system, the basic courts to the court system, the basic courts established over 30,000 subordinate established over 30,000 subordinate divisions known as people’s tribunals divisions known as people’s tribunals in towns and villages below the in towns and villages below the county and district level. county and district level.

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Jurisdiction of Basic People’s CourtsJurisdiction of Basic People’s Courts

It is lowest level courts.It is lowest level courts. There are more than 3000 Basic courts at There are more than 3000 Basic courts at

the district level of the city and at the the district level of the city and at the county level .county level .

Basic People’s Courts adjudicate most of Basic People’s Courts adjudicate most of ordinary civil and criminal cases of first ordinary civil and criminal cases of first instanceinstance

For criminal cases, basic courts can only For criminal cases, basic courts can only have the jurisdiction over the cases which have the jurisdiction over the cases which potential punishments are under life potential punishments are under life imprisonment and death penalty. imprisonment and death penalty.

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Jurisdiction of Intermediate Courts over Jurisdiction of Intermediate Courts over Criminal CasesCriminal Cases

There are around 390 intermediate courts in There are around 390 intermediate courts in cities and prefectures within provinces.cities and prefectures within provinces.

According to CPL ( Art.20),the courts have According to CPL ( Art.20),the courts have first instance of criminal jurisdiction over first instance of criminal jurisdiction over cases in endangering state’s security and cases in endangering state’s security and terrorism, or cases punishable by death terrorism, or cases punishable by death penalty or life imprisonment.penalty or life imprisonment.

They also have jurisdiction of appeal cases They also have jurisdiction of appeal cases from Basic courts.from Basic courts.

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Jurisdiction of Intermediate Courts over Jurisdiction of Intermediate Courts over Civil CasesCivil Cases

According to Civil Procedure According to Civil Procedure Law(Article 19),the civil jurisdiction Law(Article 19),the civil jurisdiction are over major cases involving a are over major cases involving a foreign element; cases with foreign element; cases with significant impact ; and cases significant impact ; and cases determined to be under their determined to be under their jurisdiction by the SPC jurisdiction by the SPC

The courts also have jurisdiction The courts also have jurisdiction over appeal cases from basic courts. over appeal cases from basic courts.

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Jurisdiction of Intermediate Courts over Jurisdiction of Intermediate Courts over Administrative CasesAdministrative Cases

The Administrative Procedure Law ( Article The Administrative Procedure Law ( Article 14) grants intermediate courts jurisdiction 14) grants intermediate courts jurisdiction over 1) Cases confirming patent rights of over 1) Cases confirming patent rights of invention and cases handled by Customs; invention and cases handled by Customs; 2) Suits against specific administrative 2) Suits against specific administrative acts undertaken by departments under the acts undertaken by departments under the State Council or by the governments of State Council or by the governments of provinces, autonomous regions , or provinces, autonomous regions , or municipalities directly under the central municipalities directly under the central government, and 3) grave and government, and 3) grave and complicated cases. complicated cases.

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Jurisdiction of High People’s CourtJurisdiction of High People’s Court

There are 31 high people’s courts at provincial There are 31 high people’s courts at provincial level ( including autonomous regions and cities level ( including autonomous regions and cities directly under the central government,Beijing, directly under the central government,Beijing, Tian Jing, Shang Hai and Chongqing.Tian Jing, Shang Hai and Chongqing.

Jurisdiction are mainly over appeal cases , it is Jurisdiction are mainly over appeal cases , it is possible to have jurisdiction of first instance possible to have jurisdiction of first instance trial(Art.21) over major criminal cases that trial(Art.21) over major criminal cases that pertain to an entire jurisdiction area.pertain to an entire jurisdiction area.

The same rule as civil cases jurisdiction.The same rule as civil cases jurisdiction. Jurisdiction of administrative cases are grave Jurisdiction of administrative cases are grave

and complicated involving the entire province. and complicated involving the entire province.

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The Supreme People’s CourtThe Supreme People’s Court Under Article 32 of the OLPC, the SPC has jurisdiction Under Article 32 of the OLPC, the SPC has jurisdiction

of first instance over cases assigned to it by law.of first instance over cases assigned to it by law. Jurisdiction over cases appeal against judgments and Jurisdiction over cases appeal against judgments and

orders of high courts and specialty courts.orders of high courts and specialty courts. The SPC also has original jurisdiction over criminal , civil The SPC also has original jurisdiction over criminal , civil

and administrative cases that affect the whole country. and administrative cases that affect the whole country. This jurisdiction violate the ICCPR, Article 14, fair trial This jurisdiction violate the ICCPR, Article 14, fair trial principle, doesn’t give the accused right to appeal.principle, doesn’t give the accused right to appeal.

The SPC has authority to review death penalty cases.The SPC has authority to review death penalty cases. The SPC has authority to issue interpretations The SPC has authority to issue interpretations

concerning the application of laws in judicial concerning the application of laws in judicial proceedings.proceedings.

The SPC plays important role in legislative proceedings. The SPC plays important role in legislative proceedings.

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Internal Structure of SPCInternal Structure of SPC Registration Office 1 & 2Registration Office 1 & 2 Criminal Trial Chamber Criminal Trial Chamber

1.2.3.4.5. 1.2.3.4.5. Civil Trial Chamber 1.2.3.4.Civil Trial Chamber 1.2.3.4.

The third one specialized in The third one specialized in intellectual property cases. intellectual property cases.

Administrative Trial Administrative Trial ChamberChamber

Adjudicative Supervision Adjudicative Supervision Chamber ( for Re-opening Chamber ( for Re-opening proceedings cases) proceedings cases)

Bureau of Execution of Bureau of Execution of Judgments Judgments

Compensation Committee Compensation Committee Administrative OfficeAdministrative Office Political Department ( for Political Department ( for

personnel issues)personnel issues) Research DepartmentResearch Department Adjudicative Management Adjudicative Management

OfficeOffice Supervision OfficeSupervision Office Bureau of Judicial Bureau of Judicial

Equipment Equipment Bureau of Retired Staffs Bureau of Retired Staffs Foreign Affair OfficeForeign Affair Office Department of Communist Department of Communist

PartyParty

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Administrative Hierarchy of SPCAdministrative Hierarchy of SPC

President & CP leaderPresident & CP leader Standing Vice PresidentStanding Vice President Other seven vice presidentsOther seven vice presidents Fourteen members of Adjudicative Fourteen members of Adjudicative

CommitteeCommittee Each chamber (division) has a chief judge Each chamber (division) has a chief judge

( head of the chamber), deputy chief ( head of the chamber), deputy chief judges, judges, and assistant judges.judges, judges, and assistant judges.

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Specialty CourtsSpecialty Courts

Around 55 military courts in three Around 55 military courts in three levels, has jurisdiction of criminal levels, has jurisdiction of criminal cases committed by military cases committed by military personnel.personnel.

8 maritime courts which located at 8 maritime courts which located at seaside cities, and have jurisdiction seaside cities, and have jurisdiction of maritime cases. of maritime cases.

Forest courts in forest area which Forest courts in forest area which handle criminal, civil cases.handle criminal, civil cases.

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Internal Structure of Local CourtsInternal Structure of Local Courts

Criminal divisionCriminal division Civil divisionCivil division Intellectual Property divisionIntellectual Property division Real estate divisionReal estate division Protection consumer divisionProtection consumer division Economic divisionEconomic division Administrative divisionAdministrative division Executive divisionExecutive division Complain officeComplain office Bureau of compensation Bureau of compensation

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Political—Legal CommitteePolitical—Legal Committee

At the national level of party, CP Central At the national level of party, CP Central Committee established a central political-legal Committee established a central political-legal committee, usually headed by a member of committee, usually headed by a member of elite Politburo. At each lower level ,there are elite Politburo. At each lower level ,there are branches of committee, they are in charge of branches of committee, they are in charge of political ,legal work. The typical political-legal political ,legal work. The typical political-legal committee consist of the head of the public committee consist of the head of the public security organ ( police), the president of court security organ ( police), the president of court the president of procuratoate, the head of the president of procuratoate, the head of judicial administrative organs, and the head of judicial administrative organs, and the head of the administrative organ for civil affairs at the administrative organ for civil affairs at local level. local level.

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The Reform of the Structure of CourtsThe Reform of the Structure of Courts

75 railway courts had been integrated to 75 railway courts had been integrated to local ordinary courts, from June 28,2012, local ordinary courts, from June 28,2012, from August 1 ordinary courts started to from August 1 ordinary courts started to accept for criminal and civil cases. More than accept for criminal and civil cases. More than 3300 judges and staffs and $1.1 billion had 3300 judges and staffs and $1.1 billion had been transferred into ordinary court system. been transferred into ordinary court system.

They established in 1954,before they They established in 1954,before they handled criminal and civil cases concerning handled criminal and civil cases concerning railway transportation, safety and property. railway transportation, safety and property.

The purpose of reform was intended to build The purpose of reform was intended to build an unified judicial system. an unified judicial system.

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The Debates on Adjudication Committee The Debates on Adjudication Committee Source of Law: Article 11 of OLPCSource of Law: Article 11 of OLPC Each court has an adjudication committee Each court has an adjudication committee Consisting of president, vice president , head Consisting of president, vice president , head

of trial chambers and leading judges of courts.of trial chambers and leading judges of courts. Tasks of adjudication committee is to review Tasks of adjudication committee is to review

difficult or controversial cases heard by a difficult or controversial cases heard by a collegiate bench.collegiate bench.

Proceedings: A judge from the bench will Proceedings: A judge from the bench will normally make a brief report, the members of normally make a brief report, the members of committee have been asked to read the case committee have been asked to read the case file, the committee can make a decision on file, the committee can make a decision on the case and the collegiate bench has to the case and the collegiate bench has to follow.follow.

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The Role of the CourtsThe Role of the Courts

Judges are formally appointed by local Judges are formally appointed by local people’s congress ( parliament)people’s congress ( parliament)

The People’s congress also decides The People’s congress also decides budgets of courts. budgets of courts.

The courts are funded by the ministry of The courts are funded by the ministry of finance.finance.

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