University of Minnesota




Chinese Court System


 

中国的人民法院的组织体系分为四级,即设基层、中级、高级和最高人民法院,并设军事、铁路、水运等专门人民法院。

中国的基层人民法院包括县人民法院和市人民法院、自治县人民法院和市辖区的人民法院;

中级人民法院包括:省、自治区内按地区设立的中级人民法院,直辖市内设立的中级人民法院,省、自治区辖市的中级人民法院和自治州人民法院;

高级人民法院包括省高级人民法院、自治区高级人民法院和直辖市高级人民法院。

Chinese Court System

The Supreme People's Court

The Supreme People's Court is the highest judicial organ of the State. The president of the Supreme People's Court is elected by the NPC and its standing committee. His term of office is five years and he may serve for no more than two consecutive terms. The NPC standing committee appoints or dismisses vice-presidents, head and associate heads of divisions, and judges.

The Supreme People's Court has a criminal division, a civil division, and an economic division. It may have such other divisions, as it deems necessary. Generally, it has jurisdiction over the following cases:

Cases of first instance assigned by laws and other cases that it considers it should try itself;
Appealed and protested cases against judgments and other orders of higher people's courts and special people's courts;
Protested cases filed by the Supreme People's Procuratorate
The Supreme People's Court supervises the work of the local people's courts at various levels as well as the special courts. "The Supreme People's court give interpretation on questions concerning specific application of laws and decrees in judicial proceedings." In reality, the practice of interpreting laws and decrees by the Supreme People's Court has developed in recent years to an extent that is called "judicial legislation". This was not previously defined in the Constitutional Law. However, the legislation does require guidance in order to fill gaps and to solve conflicts and some vagueness among the laws so that effective enforcement can be carried out by the judicial branch.

The Higher People's Courts

The Higher People's Courts are courts of provinces, autonomous regions and municipalities directly under the Central Government. The internal structure is almost the same as that of the Supreme People's Court according to the definition of the organic Law.

A higher people's court deals with cases of the first instance assigned by laws and decrees, cases of the first instance transferred from people's courts at the next lower level, cases of appeals and of protests lodged against judgments and orders of people's courts at the next lower level, and cases of protests lodged by people's procuratorates.

The Intermediate People's Courts

They are the courts established in capitals or prefectures in the provincial level. The scope of jurisdiction by an intermediate people's court covers cases of first instance assigned by laws and decrees, cases of first instance transferred from the basic people's courts, and appealed and protested cases from the lower court.

The Basic People's Courts

The basic courts, as the lowest level, are normally located at the county, municipal districts and autonomous counties. A basic people's court may set up a number of people's tribunal according to the conditions of the locality, population and cases involved. A people's tribunal is a component of the basic people's court, and its judgments and orders are considered as judgments and orders of the basic people's court with the same legal effects. In practice, a tribunal of this nature is often set up in big town or townships where there is a concentrated population. As defined in the Organic Law, the basic people's court adjudicates all criminal and civil cases of the first instance except where the law provides otherwise. Besides trying cases, a basic people's court is also responsible for settling civil disputes, handling minor criminal cases that do not require formal handling, and directing the work of the people's mediation committees.

The Special Courts

The special courts include military courts, railway courts and maritime courts. The military court that is established within the PLA is in charge of hearing criminal cases involving servicemen. This is a relatively closed system.

The railway and transport court deals with criminal cases and economic disputes relating to railways and transportation.Five maritime courts have been established by the Supreme People's Court at the port cities of Guangzhou, Shanghai, Qingdao, Tianjin and Dalian. These courts have jurisdiction over maritime cases and maritime trade cases of the first instance, including any other disputes of this category taking place between Chinese and foreign citizens, organizations, and enterprises. Nevertheless, they have no jurisdiction over criminal cases and other civil cases belonging to the ordinary courts. The higher people's court in the locality where a maritime court is located shall have jurisdiction over appeals against the judgment and orders of the maritime court.

(Source: http://www.olemiss.edu/courses/pol324/chnjudic.htm)

人民法院

中华人民共和国最高人民法院(Supreme Court of China)






北京市(Bejing)

上海市(Shanghai)

天津市(Tianjin)

重庆市(Chongqing)

河北省(Hebei)

河南省(Henan)

湖北省(Hubei)

湖南省(Hunan)

广东省(Guangdong)

广西省(Guangxi)

山东省(Shangdong)

山西省(Shanxi)

陕西省(Shanxi)

浙江省(Zhejiang)

江苏省(Jiangsu)

四川省(Sichuan)

贵州省(Guizhou)

甘肃省(Gansu)

辽宁省(Liaoning)

黑龙江省(Heilongjiang)

吉林省(Jilin)

云南省(Yunnan)

甘肃省(Gansu)

海南省(Hainan)

安徽省(Anhui)

青海省(Qinghai)

福建省(Fujian)

内蒙古自治区(Inner Mongolia autonomous region)

宁夏回族自治区(Ningxia Hui autonomous region )

新疆维吾尔族自治区(Xinjiang Uygur Autonomous Region)

西藏自治区(Tibetan autonomous region)




海事法院(Maritme Court)

铁路法院(Railway Court)

森林法院(Forest Court)

军事法院(Military Court)



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