Adopted at the Second Session of the Fifth National People's
Congress on July 1, 1979, promulgated by Order No.3 of the Chairman
of the Standing Committee of the National People's Congress on July
5, 1979 and effective as of January 1, 1980; amended according to
the Decision Concerning the Revision of the Organic Law of the
People's Courts of the People's Republic of China adopted at the
Second Meeting of the Sixth National People's Congress on September
2, 1983
Chapter I General Provisions
Article 1? The people's courts of the People's Republic of
China are the judicial organs of the State.
Article 2? The judicial authority of the People's Republic
of China is exercised by the following people's courts:
(1) local people's courts at various levels;
(2) military courts and other special people's courts; (Revised
on September 2, 1983); and
(3) the Supreme People's Court.
The local people's courts at various levels are divided into:
basic people's courts, intermediate people's courts and higher
people's courts. (Paragraph 3 was deleted on September 2, 1983)
Article 3? The task of the people's courts is to try
criminal and civil cases and, through judicial activities, to
punish all criminals and settle civil disputes, so as to safeguard
the system of dictatorship of the proletariat, maintain the
socialist legal system and public order, protect socialist property
owned by the whole people, collective property owned by working
people and the legitimate private property of citizens, the
citizens' right of the person and their democratic and other
rights, and ensure the smooth progress of the socialist revolution
and socialist construction in the country.
The people's courts, in all their activities, educate citizens
in loyalty to their socialist motherland and voluntary observance
of the Constitution and other laws.
Article 4? The people's courts shall exercise judicial
power independently, in accordance wit the provisions of law, and
shall not be subject to interference by any administrative organ,
public organization or individual. (Revised on September 2,
1983)
Article 5? In judicial proceedings in the people's courts,
the law is applied equally to all citizens, regardless of ethnic
status, race, sex, occupation, family background, religious belief,
education, property status or length of residence. No privilege
whatsoever is allowed.
Article 6? Citizens of all nationalities have the right to
use the spoken and written languages of their own nationalities in
court proceedings. The people's courts shall provide translation
for any party to the court proceedings who is not familiar with the
spoken or written languages commonly used in the locality. In an
area where people of a minority nationality live in concentrated
communities or where a number of minority nationalities live
together, the people's courts shall conduct hearings in the
language or languages commonly used in the locality and issue
judgments, notices and other documents in the language or languages
commonly used in the locality.
Article 7? All cases in the people's courts shall be heard
in public, except for those involving state secrets, private
affairs of individuals and the commission of crimes by minors.
Article 8 The accused has the right to defence. Besides
defending himself, the accused has the right to delegate a lawyer
to defend him. He may also be defended by a citizen recommended by
a people's organization or his place of employment, by a citizen
approved by the people's court, or by a near relative or guardian.
The people's court may also, when it deems it necessary, appoint a
counsel to defend him.
Article 9? (Deleted on September 2, 1983)
Article 10? The people's courts adopt the collegial system
in the administration of justice.
Cases of first instance in the people's courts shall be tried by
a collegial panel of judges or of judges and people's assessors;
simple civil cases, minor criminal cases and cases otherwise
provided for by law may be tried by a single judge. (Revised on
September 2, 1983)
Appealed or protested cases in the people's courts are handled
by a collegial panel of judges.
The president of the court or the chief judge of a division
appoints one of the judges to act as the presiding judge of the
collegial panel. When the president of the court or the chief judge
of a division participates in the judicial proceedings, he acts as
the presiding judge.
Article 11? People's courts at all levels set up judicial
committees which practise democratic centralism. The task of the
judicial committees is to sum up judicial experience and to discuss
important or difficult cases and other issues relating to the
judicial work.
Members of judicial committees of local people's courts at
various levels are appointed and removed by the standing committees
of the people's congresses at the corresponding levels, upon the
recommendation of the presidents of these courts. Members of the
Judicial Committee of the Supreme People's Court are appointed and
removed by the Standing Committee of the National People's
Congress, upon the recommendation of the President of the Supreme
People's Court.
The presidents of the people's courts preside over meetings of
judicial committees of the people's courts at all levels; the chief
procurators of the people's procuratorates at the corresponding
levels may attend such meetings without voting rights.
Article 12? In the administration of justice, the people's
courts adopt the system whereby the second instance is the last
instance.
From a judgment or orders of first instance of a local people's
courts, a party may bring an appeal to the people's court at the
next higher level in accordance with the procedure prescribed by
law, and the people's procuratorate may present a protest to the
people's court at the next higher level in accordance with the
procedure prescribed by law.
Judgments and orders of first instance of the local people's
courts at various levels become legally effective judgments and
orders if, within the period for appeal, none of the parties has
appealed and the procuratorate has not protested.
Judgments and orders of second instance of intermediate courts,
higher people's courts and the Supreme People's Court, and
judgments and orders of first instance of the Supreme People's
Court are all judgments and orders of last instance, that is,
legally effective judgments and orders.
Article 13? Cases involving sentences of death, except for
cases with sentences? imposed by the
Supreme People's Court, shall be submitted to the Supreme People's
Court for approval. The Supreme People's Court may, when it deems
it necessary, authorize higher people's courts of provinces,
autonomous regions, and municipalities directly under the Central
Government to exercise the power to approve cases involving the
imposition of death sentences for homicide, rape, robbery, causing
explosions and others gravely endangering public security and
disrupting social order. (Revised on September 2, 1983)
Article 14? If the president of a people's court finds, in
a legally effective judgment or order of his court, some definite
error in the determination of facts or application of law, he must
submit the judgment or order to the judicial committee for
disposal.
If the Supreme People's Court finds some definite error in a
legally effective judgment or order of the people's court at any
level or if the people's court at a higher level finds such error
in a legally effective judgment or order of the people's court at a
lower level, it has the authority to review the cases itself or to
direct the lower-level people's court to conduct a retrial.
If the Supreme People's Procuratorate finds some definite error
in a legally effective judgment or order of a people's court at any
level or if the people's procuratorate at a higher level finds such
error in a legally effective judgment or order of any people's
court at a lower level, it has the authority to lodge a protest in
accordance with the procedure of judicial supervision.
The people's courts at all levels shall hold themselves
responsible for seriously handling the petition lodged by a party
to a case against a legally effective judgment or order.
Article 15? If a people's court considers that the
principal facts of a case in which a people's procuratorate has
initiated a public prosecution are not clear and the evidence is
insufficient, or there are illegalities in the prosecution, the
court may remand the case to the people's procuratorate for
supplementary investigation or notify the people's procuratorate to
rectify them.
?
Article 16? If a party to a case considers that a member of
the judicial personnel has an interest in the case or, for any
other reason, cannot administer justice impartially, he has the
right to request that member to withdraw. The president of the
court shall decide whether the member should withdraw.
If a member of the judicial personnel considers that he should
withdraw because he has an interest in the case or for any other
reason, he should report the matter to the president of the court
for decision.
Article 17? The Supreme People's Court is responsible to
and reports on its work to the National People's Congress and its
Standing Committee. Local people's courts are responsible and
report on their work to the local people's congresses at
corresponding levels and their standing committees.
The judicial work of people's courts at lower levels is subject
to supervision by people's courts at higher levels.
(Paragraph 3 is deleted on September 2, 1983)
Chapter II Organization, Functions and Powers of the
People's Courts
Article 18? Basic people's courts are:
(1) county people's courts and municipal people's courts;
(2) people's courts of autonomous counties; and
(3) people's courts of municipal districts.
Article 19? A basic people's court is composed of a
president, vice-presidents and judges.
A basic people's court may set up a criminal division, a civil
division and an economic division, each with a chief judge and
associate chief judges. (Revised on September 2, 1983)
Article 20? A basic people's court may set up a number of
people's tribunals according to the conditions of the locality,
population and cases. A people's tribunal is a component part of
the basic people's court, and its judgments and orders are
judgments and orders of the basic people's courts.
Article 2? Except for cases otherwise provided for by laws
or decrees, a basic people's court adjudicates criminal and civil
cases of first instance.
When a basic people's court considers that a criminal or civil
case it is handling is of major importance and requires trial by
the people's court at a higher level, it may request that the case
be transferred to that court for trial.
Article 22? Besides trying cases, a basic people's court
undertake the following tasks:
(1) settling civil disputes and handle minor criminal cases that
do not need to be determined by trials;
(2) directing the work of people's mediation committees.
(Revised on September 2, 1983)
(Item (3) is deleted on September 2, 1983)
Article 23? Intermediate people's courts are:
(1) intermediate people's courts established in prefectures of a
province or autonomous region;
(2) intermediate people's courts established in municipalities
directly under the Central Government;
(3) intermediate people's courts of municipalities directly
under the jurisdiction of a province or autonomous region; and
(4) intermediate people's courts of autonomous prefectures.
Article 24? An intermediate people's court is composed of a
president, vice-presidents, chief judges and associate chief judges
of divisions, and judges.
Each intermediate people's court shall set up a criminal
division, a civil division and an economic division, and such other
divisions as are deemed necessary. (Revised on September 2,
1983)
(Paragraph 3 is deleted on September 2, 1983)
Article 25? An intermediate people's court handles the
following cases:
(1) cases of first instance assigned by laws and decrees to
their jurisdiction;
(2) cases of first instance transferred from the basic people's
courts;
(3) cases of appeals and of protests lodged against judgments
and orders of the basic people's courts; and
(4) cases of protests lodged by the people's procuratorates in
accordance with the procedures of judicial supervision.
When an intermediate people's court considers that a criminal or
civil case it is handling is of major importance and requires trial
by the people's court at a higher level, it may request that the
case be transferred to that court for trial.
Article 26? Higher people's courts are:
(1) higher people's courts of provinces;
(2) higher people's courts of autonomous regions; and
(3) higher people's courts of municipalities directly under the
Central Government.
Article 27? A higher people's court is composed of a
president, vice-presidents, chief judges and associate chief judges
of divisions, and judges.
A higher people's court shall set up a criminal division, a
civil division and an economic division, and such other divisions
as are deemed necessary.
Article 28 A higher people's court handles the following
cases:
(1) cases of first instance assigned by laws and decrees to
their jurisdiction;
(2) cases of first instance transferred from people's courts at
lower levels;
(3) cases of appeals and of protests lodged against judgments
and orders of people's courts at lower levels; and
(4) cases of protests lodged by people's procuratorates in
accordance with the procedures of judicial supervision.
Article 29 The organization, functions and powers of special
people's courts shall be prescribed separately by the Standing
Committee of the National People's Congress.
Article 30 The Supreme People's Court is the highest judicial
organ of the state.
The Supreme People's Court supervises the administration of
justice by the local people's courts at various levels and by the
special people's courts.
Article 31 The Supreme People's Court is composed of a
president, vice-presidents, chief judges and associate chief judges
of divisions, and judges.
The Supreme People's Court shall set up a criminal division, a
civil division and an economic division, and such other divisions
as are deemed necessary.
Article 32? The Supreme People's Court handles the
following cases:
(1) cases of first instance assigned by laws and decrees to its
jurisdiction and which it considers should be tried by itself;
(2) cases of appeals and of protests lodged against judgments
and orders of higher people's courts and special people's courts;
and
(3) cases of protests lodged by the Supreme People's
Procuratorate in accordance with the procedures of judicial
supervision.
Article 33? The Supreme People's Court gives interpretation
on questions concerning specific application of laws and decrees in
judicial proceedings.
Chapter III Judicial and Other Personnel of People's
Courts
Article 34? Citizens who have the right to vote and to
stand for election and have reached the age of 23 are eligible to
be elected presidents of people's courts or appointed
vice-presidents of people's courts, chief judges or associate chief
judges of divisions, judges or assistant judges; but persons who
have ever been deprived of political rights are excluded.
Judicial personnel of people's courts must have an adequate
knowledge of law. (This paragraph is added on September 2,
1983)
Article 35? Presidents of local people's courts at various
levels are elected by the local people's congresses at the
corresponding levels, and their vice-presidents, chief judges and
associate chief judges of divisions, and judges are appointed and
removed by the standing committees of the local people's congresses
at the corresponding levels.
Presidents of intermediate people's courts established in
prefectures of provinces or in municipalities directly under the
Central Government are elected by the people's congresses of the
provinces and municipalities directly under the Central Government,
and their vice-presidents, chief judges and associate chief judges
of divisions, and judges are appointed and removed by the standing
committees of the people's congresses of the provinces and
municipalities directly under the Central Government.
Presidents of local people's courts at various levels
established in national autonomous areas are elected by local
people's congresses at the corresponding levels in these areas, and
their vice-presidents, chief judges and associate chief judges of
divisions, and judges are appointed or removed by the standing
committees of local people's congresses at the corresponding levels
in these areas.
The President of the Supreme People's Court is elected by the
National People's Congress, and its vice-presidents, chief judges
and associate chief judges of divisions, and judges are appointed
or removed by the Standing Committee of the National People's
Congress.
Article 36? The term of office of presidents of people's
courts at all levels is the same as that of people's congresses at
the corresponding levels.
People's congresses at all levels have the power to remove from
office the presidents of people's courts elected by them. If the
standing committee of a people's congress deems it necessary to
replace the president of a local people's court at the
corresponding level when the congress is not in session, it shall
report the matter to the people's court at the next higher level
for submission to the standing committee of the people's congress
at the next higher level for approval.
Article 37? People's courts at all levels may, according to
their needs, be staffed with assistant judges, who shall be
appointed or removed by the people's courts themselves. (Revised on
September 2, 1983)
Assistant judges help the judges in their work. upon the
recommendation of the president of the court and with the approval
of the judicial committee, an assistant judge may provisionally
exercise the functions of a judge.
Article 38? Citizens who have the right to vote and to
stand for election and have reached the age of 23 are eligible to
be elected people's assessors, but persons who have ever been
deprived of political rights are excluded.
During the period of the exercise of their functions in the
people's courts, the people's assessors are members of the
divisions of the courts in which they participate, and enjoy equal
rights with the judges.
Article 39? During the period of the exercise of their
functions, the people's assessors continue to receive wages as
usual from their regular place of employment; people's assessors
who are not wage-earning are given reasonable allowances by the
people's courts.
Article 40? People's courts at all levels have clerks to
keep records of the court proceedings and to take charge of other
matters concerning the trials.
Article 41? Local people's courts at various levels have
marshals to carry out the execution of judgments and orders in
civil cases and the execution, in criminal cases, of the parts of
judgments and orders concerned with property.
Local people's courts at various levels have forensic
physicians.
People's courts at all levels have a certain number of judicial
policemen.
Article 42? (Deleted on September 2, 1983)
Source: NPC