The Judicial Branch
The judicial branch of the People's Republic of China consists of the People's Courts and the People's Procuratorates.
The People's CourtsThe People's Courts of the People's Republic of China are the judicial organs of the state.
Highest Court: Supreme People’s Court (340+ judges, including the chief justice) Judge selection: The chief justice is appointed by the National People's Congress. Other justices and judges are nominated by the chief justice and are then appointed by the Standing Committee of the NPC. Term: Chief Justice is limited two consecutive 5-year terms. Other justices and judges are not limited. The People's Republic of China establishes the Supreme People's Court (highest court) and the people's courts at various local levels. military courts and other special people's courts. All cases in the people's courts are heard in public (except in special circumstances), and the accused has the right to defense. The Supreme People’s Court is responsible to the NPC and its Standing Committee. Local people’s courts at various levels are responsible to the organs of state power which created them. |
People's ProcuratoratesThe people’s procuratorates of the People’s Republic of China are State organs for legal supervision. The people's procuratorates is the highest organ at the national level responsible for both prosecution and investigation in the People's Republic of China.
Term: 5 years (same as the NPC). and the Procurator-General cannot serve more than 2 consecutive terms The PRC establishes the Supreme People’s Procuratorate and the people’s procuratorates at various local levels, military procuratorates and other special people’s procuratorates. The people’s procuratorates exercise procuratorial power independently, in accordance with the provisions of law, and not subject to interference by any administrative organ, public organization or individual. The people’s courts and people’s procuratorates should provide translation for any party to the court proceeding who is not familiar with the spoken or written languages commonly used in the locality. The people’s courts, the people’s procuratorates and the public security organs shall, in handling criminal cases, divide their functions, each taking responsibility for its own work, and they shall coordinate their efforts and check each other to ensure the correct and effective enforcement of law. |