SELECT content FROM law_ref_lang_word WHERE word_id=186 AND lang_id=3 FirstLaw 第一國際法律事務所
【China Affairs】
  • Organization and Responsibilities of People's Courts                                                       
     

          People's Courts represent the main trial organ of the state. Organizationally, this court system is 
          as follow:

                    ◎  Local courts are divided into three levels: Grassroots, Intermediate and Higher

                    ◎  Special courts

                    ◎  The Supreme People's Court

  • Local courts                                                                                                                           
     

          ◎  Grassroots-level 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.

                    ◎  Intermediate 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.

                          Their responsibilities include:

                    Try the following first-hearing cases:

                         1.Criminal cases

                           These cases include those involving anti-revolution or national security; criminal cases
                           that may involve life imprisonment or the death penalty; criminal cases committed by foreigners.
  

                         2.Civil cases

                           These cases include major foreign-related cases; cases of major implications within their
                           jurisdictions; and cases that intermediate courts are ordered to hear by the Supreme Court.
 

                         3.Administrative cases

                                 These cases include 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 within their jurisdictions.

       ◎  Higher Courts

                          Higher Courts are set up in provinces(autonomous regions and municipalities).
                          Their responsibilities include:

                    Try the following first-hearing cases:

                         1.Criminal cases

                                 Criminal cases of major proportions and complications within the jurisdiction of provinces
                               (autonomous regions and municipalities)

                         2.Civil cases

                                 Civil cases of major proportions and complications under their jurisdiction.

                         3.Administrative cases of major proportions and complications under their jurisdiction.

                         4.Special courts

                                 Special courts are courts set up in special departments for special cases wherever
                                 necessary. Currently, China has special courts handling military, maritime, railway cases.

  • The Supreme People's Court                                                                                               
                        
                                    

    The Supreme People's Court is located in Beijing, capital city of China. It is the highest judicial
    organ, exercising the highest judicial power while supervising lower courts and special courts,
    issue judicial interpretations on how to apply law and writs, approve death penalty cases.

                    The Supreme People's Court tries the following first-hearing cases:

                   1.Criminal cases

                           Criminal cases of major proportions nationwide.  

                   2.Civil cases

                           Civil cases of major proportions nationwide and cases as deemed necessary by the court itself.

                   3.Administrative cases of major proportions and complications nationwide.

  •  The Feature of The Trial System in Mainland China                                                       
     

           ◎  Second Instance Being Final

                           The courts have to try cases on two levels, with the second instance being the final judgment.
                           This means a case is closed after going through two levels of trial.

                     ◎  System for Judicial Supervision

                           Also known as the re-examination system, this refers to a special arrangement for the court
                           to reexamine judgments and rulings that have already taken effect.

                           It actually represents a remedy to the system of second instance being final.

  • Organizational structure of the court system in China                                                       
     

No. 43, Section 1, MínShēng East Rd, Jhongshan District Taipei City, 104     Telephone:+886-2-2521-5900    Fax:+886-2-2521-5311
Copy Right@2010 FirstLaw All Rights Reserved Design