JUDICIARY SYSTEM OF CHINA

Court system
The relationship between Definition Relationship
People’s Courts and other
Organs

Relationship with The relationship between the people’s The Constitution of the People’s Republic of China postulate that:
Legislative organs court and the legislative organs of China
is firstly encapsulated in their -the National People’s Congress (NPC) has the power to elect and remove the president of the Supreme People’s Court.
Constitution. -the Standing Committee of the NPC exercises the power to supervise the work of the Supreme People’s Court.
-appoints or remove, at the recommendation of the President of the Supreme People’s Court, the Vice-President and Judges if
the Supreme People’s Court, members of its Judicial Committee and the President of the Military Court;
-local people’s congress at and above the country level have power to elect and recall the presidents of people’s courts at the
corresponding level
-standing committee of a local people’s congress at or above the country level supervises the work of the people’s court and
decides on the appointment of removal of functionaries of people’s courts within the limits of its authority as prescribed by
law.
-Supreme People’s Court is responsible and reports on its work to the National People’s Congress and the Standing
Committee of the National congress.
Relationship with The relationship between people’s courts Details of the real relationship between the judiciary and the administrative organs are listed as follow:
administrative and executive organs is also provided for
organs by the Constitution.
-The whole system of Chinese judiciary has no centralized budget and financial allocation by its own, consequently, the
financial allocation for infrastructure, facilities, administrative fees and salaries of judges in people’s courts and various
levels directly flow from fiscal expenditure at the corresponding levels;
-The judiciary does not have its own force for coercive execution, such as judicial police to enforce any decision, they have to
turn to public security police at the corresponding levels;
-The judiciary does not have its own force for coercive execution, such as judicial police to enforce any decision, they have to
turn to public security police at the corresponding levels;
-According to procedure laws, executive organs have the obligation to help accomplish the item relevant to law suits
mandated by courts, so it is difficult for the trial and other activities of courts to strictly obey to the provision of the
Constitution as “not interfered by any administrative organ”.
Relationship with other ---- ----
organs:

The relationship with
people’s procuratorates
-The relationship between courts and procuratorates is not only embodied in the Constitution, but in organic law, procedure
law and other relevant laws.
-procuratorates are equal to courts. Both of them are elected or appointed by organs of state power and supervised by
organs of state power.
-relationship between courts and procuratorates is mainly on criminal cases. They divide their functions and takes
responsibility in its own work, coordinating their efforts and checking each other to ensure the proper and effective
enforcement of laws.

The relationship with possessed a kind of executive authority. This power of public security organ is inferior to the power of courts.
public security organs
-while the power of courts is directly mandated by the Constitution, public security organs are authorized by law.
-considering the regulations of law, their relationship is also mainly reflected in handling criminal cases and also divide their
functions and takes responsibility in its own work, coordinating their efforts and checking each other to ensure the proper
and effective enforcement of laws.
Relationship with the enjoys a kind of special status
organs of Communist
Party -people’s court sets up the entities of Communist Party of China (CPC). These courts are led by the committees of the CPC of
the corresponding districts.
-In China, judges are called Cadres which are trained, selected, and managed by the committee of CPC. In short, the people’s
courts are led by the committee of CPC.
 Organization of people’s court Local people’s courts: Local people’s courts: Local people’s courts: Local people’s courts:
Basic people’s court Intermediate people’s Higher people’s court Special people’s court:
court

Definition -the Judicial work of lower people’s court is is county people’s court, -established in prefectures includes higher people’s -tribunals set up by
subject to supervision by people’s court at municipal people’s court, of province or courts in provinces, special institutions for
higher levels people’s court of autonomous regions, in autonomous regions, and deciding special cases.
autonomous counties, and municipalities, directly municipalities directly
-includes local people’s court, military courts, people’s court of under central government, under central
and other special people’s courts. municipal districts. government.
municipalities directly 1. Military courts:
-shall exercise judicial power independently and under the jurisdiction of a
shall not be subject by interference of any province or autonomous -established in the
administrative organs, public organization, or regions and of army and are
individual. autonomous region. special courts
belonging to
-divided into basic people’s court, intermediate military
people’s court, and higher people’s court. organization
system.

2. Maritime courts:
-special courts for
adjudicating
maritime cases
and maritime
commerce cases.
3. Railwaycourts
STRUCTURE OF CHINA’S JUDICIAL DEPARTMENT
System for Definition Qualifications Term of office Purpose
people’s
procuratorates

Establishment of -shaped by the legal structures and ideas of -having a nationality of the People’s Republic of 4 years (including
System of former Soviet China; the Procurator-
Procuratorates in General
China -exercises procuratorial on the observation of -to have reached the age of 23;
the law of administrations of the State Council,
local state organs, and functionaries of the state -to endorse the Constitution of the People’s
organs and citizens. Republic of China;
-local people’s procuratorates shall exercise -have fine political and professional quality and
to be good in conduct;
power independently in accordance with law
and shall not be subject to interference by any -to be in good health; and
local agency
-to have worked for at least two years in the
case of graduates from law specialties of
colleges or universities or from non-law
specialties of colleges or universities, but
possessing the professional knowledge of law;
or to have worked for at least one year in the
case of Bachelors of Law; those who have
Master’s Degree of Law or Doctor’s Degree of
Law may be not subject the above-mentioned
requirements for the number of years set for
work.
-by exercising their procuratorial authority, the
people’s procuratorates suppress all treason, attempt
to split the country or other counterrevolutionary
activities, and prosecute counterrevolutionaries and
other criminals.
-purpose is to safeguard the unity of the country, the
people’s democratic dictatorship and the socialist
legal system; to maintain public order, including
order in production and other work, in education and
scientific research, and in the daily life of the people;
-to protect the socialist property owned by the whole
people and by collectives and the private property
lawfully owned by individuals; to protect the citizens’
rights of the person and their democratic and other
rights; and to ensure the smooth progress of socialist
modernization.
-educates the citizens, encouraging them to be loyal
to their socialist motherland, to conscientiously
observe the Constitution and the laws and to combat
illegal activities.