中国的审判制度（英）（1）
The Trial System
The trial system refers to the court system governing the establishment of courts, judges, and trials.
Organization and Responsibilities of People’s Courts According to the current Constitution, and the Law on the Organization of People’s Courts, People’s Courts represent the main trial organ of the state. Organizationally, this court system consists of local courts, special courts and the Supreme Court, with all the first two subject to the supervision of the latter. Local courts are established in accordance with the administrative divisions, while special courts are set up where necessary.
1. Local courts are divided into three levels: Grassroots, Intermediate and Higher.
Under the Law on the Organization of People’s Courts, grassroots-level
courts
consist
of
tribunals
in
counties/autonomous counties, cities without administrative districts, or administrative districts of cities. Their responsibilities are:
Try criminal, civil and administrative cases as courts of first hearing, except where otherwise provided for by law.
Cases deemed to be of a serious nature that should be handled by superior courts can be referred to those superior courts; Handle civil disputes and misdemeanors that do not need trials;
Guide the work of the People’s Arbitration Committees. To facilitate lawsuits, grassroots courts may set up tribunals, which are not trial units, but have the responsibility to hear general civil and misdemeanors, guide the work of People’s Arbitration Committees, publicize laws and regulations, and handle petitions. Their judgments and decisions represent the judgments and decisions of the grassroots People’s Courts.
Intermediate courts are those set up in prefectures, cities directly under provinces （autonomous regions and municipalities directly under the central government） and districts in the four municipalities directly under the central government （hereinafter referred to as “municipalities”）. Their responsibilities include:
Try the following categories of cases:
a） First-hearing cases under their jurisdiction, as prescribed by law. According to the Law on Criminal Procedures, these cases include those involving national security;
criminal cases that may involve life imprisonment or the death penalty; criminal cases committed by foreigners or cases involving Chinese citizens violating the lawful rights and interests of foreigners. According to the Law on Civil Procedures, civil cases heard by intermediate courts are major foreign-related cases; cases of major implications within their jurisdictions; and cases that intermediate courts are ordered to hear by the Supreme Court. In addition, according to the Law on Administrative Procedures, intermediate courts are authorized to hear the following cases: verification of patent rights; customs handling; suits against administrative actions taken by State Council departments or governments of the provinces （autonomous regions, municipalities）; other important and complicated cases;
b） First-hearing cases transferred by grassroots courts; c） Cases appealing or protesting the verdicts and decisions of grassroots courts.
For criminal, civil and administrative cases that intermediate courts deem to be of a serious nature, the intermediate court may request that the cases be transferred to superior courts.
Supervise the performance of grassroots courts within
their jurisdiction. They have the power to examine or order grassroots courts to re-examine verdicts or decisions issued by those courts that have already taken effect but that have been found to contain errors.
According to the law on court organization, Higher Courts are set up in provinces （autonomous regions and municipalities）. Their responsibilities include: Try the following categories of cases:
a） Criminal, civil and administrative cases of major proportions and complications under their jurisdiction, as provided for by the law;
b） First-hearing cases transferred by lower courts; c） Cases appealing or protesting the verdicts and decisions made by lower courts. Higher courts in areas where a maritime court is located are authorized to try cases appealing the verdicts and rulings made by the maritime court; d） Protested cases submitted by prosecutors in accordance with trial-monitoring procedures.
Review first-hearing cases involving the death penalty ruled by intermediate courts where the accused renounces the right to appeal. If the Higher Court raises no objection to the death penalty, it then files the case with the Supreme Court
for verification; if it disagrees with the death penalty ruling, it can either re-examine the case or refer the case back to the Intermediate Court.
Review cases submitted by intermediate courts involving a death penalty with two years’ reprieve.
Approve certain death-penalty cases as authorized by the Supreme Court.
Supervise trials by lower courts. For verdicts or judgments passed by lower courts that have been found to contain errors, higher courts are authorized to hear or ask lower courts to reexamine the case.
2. Special courts are courts set up in special departments for special cases wherever necessary. Currently, China has special courts handling military, maritime, railway cases. Military courts are set up at three levels: grassroots; Great Military Region, Services and Arms; and the PLA Court. The PLA Court is the supreme military court whose responsibilities include:
Try first-hearing cases involving crimes committed by individuals above the division commander level. Try foreign-related criminal cases.
Try second-hearing cases, verification and review of cases
中国的审判制度(英)(1)-最新范文
