1 Chinese Court System Liling Yue China University of Political Science and Law

Terminology of “Judicial Organs In China, courts and procuratorates both are addressed as “judicial organs” ( 司法机关） which is different from other countries where judicial organ means court only. In Chinese “judicial organs” are responsible for application and enforcement of law. In China, courts and procuratorates both are addressed as “judicial organs” ( 司法机关） which is different from other countries where judicial organ means court only. In Chinese “judicial organs” are responsible for application and enforcement of law. According to ICCPR and other international documents, judicial organ shall be independent and impartial, procuratorates shall not be included into “ judicial organs” According to ICCPR and other international documents, judicial organ shall be independent and impartial, procuratorates shall not be included into “ judicial organs” The debates on “ people’s” Courts The debates on “ people’s” Courts 2

Sources of Law Related Organization of Court The Organic Law of the People’s Courts ( OLPC) The Organic Law of the People’s Courts ( OLPC) Criminal Procedure Law Criminal Procedure Law Civil Procedure Law Civil Procedure Law Administrative Procedure Law Administrative Procedure Law 3

The Structure of the Courts in China The Supreme People’s Court The Supreme People’s Court High People’s Court High 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 to the court system, the basic courts established over 30,000 subordinate divisions known as people’s tribunals in towns and villages below the county and district level. * In order to provide additional access to the court system, the basic courts established over 30,000 subordinate divisions known as people’s tribunals in towns and villages below the county and district level. 4

Jurisdiction of Basic People’s Courts It is lowest level courts. It is lowest level courts. There are more than 3000 Basic courts at the district level of the city and at the county level. There are more than 3000 Basic courts at the district level of the city and at the county level. Basic People’s Courts adjudicate most of ordinary civil and criminal cases of first instance Basic People’s Courts adjudicate most of ordinary civil and criminal cases of first instance For criminal cases, basic courts can only have the jurisdiction over the cases which potential punishments are under life imprisonment and death penalty. For criminal cases, basic courts can only have the jurisdiction over the cases which potential punishments are under life imprisonment and death penalty. 5

Jurisdiction of Intermediate Courts over Criminal Cases There are around 390 intermediate courts in cities and prefectures within provinces. There are around 390 intermediate courts in cities and prefectures within provinces. According to CPL ( Art.20),the courts have first instance of criminal jurisdiction over cases in endangering state’s security and terrorism, or cases punishable by death penalty or life imprisonment. According to CPL ( Art.20),the courts have first instance of criminal jurisdiction over cases in endangering state’s security and terrorism, or cases punishable by death penalty or life imprisonment. They also have jurisdiction of appeal cases from Basic courts. They also have jurisdiction of appeal cases from Basic courts. 6

Jurisdiction of Intermediate Courts over Civil Cases According to Civil Procedure Law(Article 19),the civil jurisdiction are over major cases involving a foreign element; cases with significant impact ; and cases determined to be under their jurisdiction by the SPC According to Civil Procedure Law(Article 19),the civil jurisdiction are over major cases involving a foreign element; cases with significant impact ; and cases determined to be under their jurisdiction by the SPC The courts also have jurisdiction over appeal cases from basic courts. The courts also have jurisdiction over appeal cases from basic courts. 7

Jurisdiction of Intermediate Courts over Administrative Cases The Administrative Procedure Law ( Article 14) grants intermediate courts jurisdiction over 1) Cases confirming patent rights of invention and cases handled by Customs; 2) Suits against specific administrative acts undertaken by departments under the State Council or by the governments of provinces, autonomous regions, or municipalities directly under the central government, and 3) grave and complicated cases. The Administrative Procedure Law ( Article 14) grants intermediate courts jurisdiction over 1) Cases confirming patent rights of invention and cases handled by Customs; 2) Suits against specific administrative acts undertaken by departments under the State Council or by the governments of provinces, autonomous regions, or municipalities directly under the central government, and 3) grave and complicated cases. 8

Jurisdiction of High People’s Court There are 31 high people’s courts at provincial level ( including autonomous regions and cities directly under the central government,Beijing, Tian Jing, Shang Hai and Chongqing. There are 31 high people’s courts at provincial level ( including autonomous regions and cities directly under the central government,Beijing, Tian Jing, Shang Hai and Chongqing. Jurisdiction are mainly over appeal cases, it is possible to have jurisdiction of first instance trial(Art.21) over major criminal cases that pertain to an entire jurisdiction area. Jurisdiction are mainly over appeal cases, it is possible to have jurisdiction of first instance trial(Art.21) over major criminal cases that 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 and complicated involving the entire province. Jurisdiction of administrative cases are grave and complicated involving the entire province. 9

The Supreme People’s Court Under Article 32 of the OLPC, the SPC has jurisdiction of first instance over cases assigned to it by law. Under Article 32 of the OLPC, the SPC has jurisdiction of first instance over cases assigned to it by law. Jurisdiction over cases appeal against judgments and orders of high courts and specialty courts. Jurisdiction over cases appeal against judgments and orders of high courts and specialty courts. The SPC also has original jurisdiction over criminal, civil and administrative cases that affect the whole country. This jurisdiction violate the ICCPR, Article 14, fair trial principle, doesn’t give the accused right to appeal. The SPC also has original jurisdiction over criminal, civil and administrative cases that affect the whole country. This jurisdiction violate the ICCPR, Article 14, fair trial 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 concerning the application of laws in judicial proceedings. The SPC has authority to issue interpretations concerning the application of laws in judicial proceedings. The SPC plays important role in legislative proceedings. The SPC plays important role in legislative proceedings. 10

Internal Structure of SPC Registration Office 1 & 2 Registration Office 1 & 2 Criminal Trial Chamber Criminal Trial Chamber Civil Trial Chamber Civil Trial Chamber The third one specialized in intellectual property cases. Administrative Trial Chamber Administrative Trial Chamber Adjudicative Supervision Chamber ( for Re-opening proceedings cases) Adjudicative Supervision Chamber ( for Re-opening proceedings cases) Bureau of Execution of Judgments Bureau of Execution of Judgments Compensation Committee Administrative Office Political Department ( for personnel issues) Research Department Adjudicative Management Office Supervision Office Bureau of Judicial Equipment Bureau of Retired Staffs Foreign Affair Office Department of Communist Party 11

Administrative Hierarchy of SPC President & CP leader President & CP leader Standing Vice President Standing Vice President Other seven vice presidents Other seven vice presidents Fourteen members of Adjudicative Committee Fourteen members of Adjudicative Committee Each chamber (division) has a chief judge ( head of the chamber), deputy chief judges, judges, and assistant judges. Each chamber (division) has a chief judge ( head of the chamber), deputy chief judges, judges, and assistant judges. 12

Specialty Courts Around 55 military courts in three levels, has jurisdiction of criminal cases committed by military personnel. Around 55 military courts in three levels, has jurisdiction of criminal cases committed by military personnel. 8 maritime courts which located at seaside cities, and have jurisdiction of maritime cases. 8 maritime courts which located at seaside cities, and have jurisdiction of maritime cases. Forest courts in forest area which handle criminal, civil cases. Forest courts in forest area which handle criminal, civil cases. 13

Internal Structure of Local Courts Criminal division Criminal division Civil division Civil division Intellectual Property division Intellectual Property division Real estate division Real estate division Protection consumer division Protection consumer division Economic division Economic division Administrative division Administrative division Executive division Executive division Complain office Complain office Bureau of compensation Bureau of compensation 14

Political—Legal Committee At the national level of party, CP Central Committee established a central political-legal committee, usually headed by a member of elite Politburo. At each lower level,there are branches of committee, they are in charge of political,legal work. The typical political-legal committee consist of the head of the public security organ ( police), the president of court the president of procuratoate, the head of judicial administrative organs, and the head of the administrative organ for civil affairs at local level. At the national level of party, CP Central Committee established a central political-legal committee, usually headed by a member of elite Politburo. At each lower level,there are branches of committee, they are in charge of political,legal work. The typical political-legal committee consist of the head of the public security organ ( police), the president of court the president of procuratoate, the head of judicial administrative organs, and the head of the administrative organ for civil affairs at local level. 15

The Reform of the Structure of Courts 75 railway courts had been integrated to local ordinary courts, from June 28,2012, from August 1 ordinary courts started to accept for criminal and civil cases. More than 3300 judges and staffs and $1.1 billion had been transferred into ordinary court system. 75 railway courts had been integrated to local ordinary courts, from June 28,2012, from August 1 ordinary courts started to accept for criminal and civil cases. More than 3300 judges and staffs and $1.1 billion had been transferred into ordinary court system. They established in 1954,before they handled criminal and civil cases concerning railway transportation, safety and property. They established in 1954,before they handled criminal and civil cases concerning railway transportation, safety and property. The purpose of reform was intended to build an unified judicial system. The purpose of reform was intended to build an unified judicial system. 16

The Debates on Adjudication Committee Source of Law: Article 11 of OLPC Source of Law: Article 11 of OLPC Each court has an adjudication committee Each court has an adjudication committee Consisting of president, vice president, head of trial chambers and leading judges of courts. Consisting of president, vice president, head of trial chambers and leading judges of courts. Tasks of adjudication committee is to review difficult or controversial cases heard by a collegiate bench. Tasks of adjudication committee is to review difficult or controversial cases heard by a collegiate bench. Proceedings: A judge from the bench will normally make a brief report, the members of committee have been asked to read the case file, the committee can make a decision on the case and the collegiate bench has to follow. Proceedings: A judge from the bench will normally make a brief report, the members of committee have been asked to read the case file, the committee can make a decision on the case and the collegiate bench has to follow. 17

The Role of the Courts Judges are formally appointed by local people’s congress ( parliament) Judges are formally appointed by local people’s congress ( parliament) The People’s congress also decides budgets of courts. The People’s congress also decides budgets of courts. The courts are funded by the ministry of finance. The courts are funded by the ministry of finance. 18