{"id":100277,"date":"2026-06-15T17:52:49","date_gmt":"2026-06-15T09:52:49","guid":{"rendered":"https:\/\/www.dongwubaike.cn\/fanhao\/?p=100277"},"modified":"2026-06-15T17:52:49","modified_gmt":"2026-06-15T09:52:49","slug":"%e4%b8%ad%e5%9b%bd%e7%9a%84%e5%ae%a1%e5%88%a4%e5%88%b6%e5%ba%a6%ef%bc%88%e8%8b%b1%ef%bc%89%ef%bc%881%ef%bc%89","status":"publish","type":"post","link":"https:\/\/www.dongwubaike.cn\/fanhao\/100277.html","title":{"rendered":"\u4e2d\u56fd\u7684\u5ba1\u5224\u5236\u5ea6\uff08\u82f1\uff09\uff081\uff09"},"content":{"rendered":"

The Trial System<\/strong><\/p>\n

\u3000\u3000The trial system refers to the court system governing the establishment of courts, judges, and trials.<\/p>\n

\u3000\u3000Organization and Responsibilities of People\u2019s Courts<\/strong><\/p>\n

\u3000\u3000According to the current Constitution, and the Law on the Organization of People\u2019s Courts, People\u2019s 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.<\/p>\n

\u3000\u30001. Local courts are divided into three levels: Grassroots, Intermediate and Higher.<\/p>\n

\u3000\u3000Under the Law on the Organization of People\u2019s Courts, grassroots-level courts consist of tribunals in counties\/autonomous counties, cities without administrative districts, or administrative districts of cities. Their responsibilities are:<\/p>\n

\u3000\u3000Try 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;<\/p>\n

\u3000\u3000Handle civil disputes and misdemeanors that do not need trials;<\/p>\n

\u3000\u3000Guide the work of the People\u2019s Arbitration Committees.<\/p>\n

\u3000\u3000To 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\u2019s Arbitration Committees, publicize laws and regulations, and handle petitions. Their judgments and decisions represent the judgments and decisions of the grassroots People\u2019s Courts.<\/p>\n

\u3000\u3000Intermediate courts are those set up in prefectures, cities directly under provinces \uff08autonomous regions and municipalities directly under the central government\uff09 and districts in the four municipalities directly under the central government \uff08hereinafter referred to as “municipalities”\uff09. Their responsibilities include:<\/p>\n

\u3000\u3000Try the following categories of cases:<\/p>\n

\u3000\u3000a\uff09 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 \uff08autonomous regions, municipalities\uff09; other important and complicated cases;<\/p>\n

\u3000\u3000b\uff09 First-hearing cases transferred by grassroots courts;<\/p>\n

\u3000\u3000c\uff09 Cases appealing or protesting the verdicts and decisions of grassroots courts.<\/p>\n

\u3000\u3000For 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.<\/p>\n

\u3000\u3000Supervise 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.<\/p>\n

\u3000\u3000According to the law on court organization, Higher Courts are set up in provinces \uff08autonomous regions and municipalities\uff09. Their responsibilities include:<\/p>\n

\u3000\u3000Try the following categories of cases:<\/p>\n

\u3000\u3000a\uff09 Criminal, civil and administrative cases of major proportions and complications under their jurisdiction, as provided for by the law;<\/p>\n

\u3000\u3000b\uff09 First-hearing cases transferred by lower courts;<\/p>\n

\u3000\u3000c\uff09 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;<\/p>\n

\u3000\u3000d\uff09 Protested cases submitted by prosecutors in accordance with trial-monitoring procedures.<\/p>\n

\u3000\u3000Review 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.<\/p>\n

\u3000\u3000Review cases submitted by intermediate courts involving a death penalty with two years\u2019 reprieve.<\/p>\n

\u3000\u3000Approve certain death-penalty cases as authorized by the Supreme Court.<\/p>\n

\u3000\u3000Supervise 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.<\/p>\n

\u3000\u30002. Special courts are courts set up in special departments for special cases wherever necessary. Currently, China has special courts handling military, maritime, railway cases.<\/p>\n

\u3000\u3000Military courts are set up at three levels: grassroots; Great Military Region, Services and Arms; and the PLA Court.<\/p>\n

\u3000\u3000The PLA Court is the supreme military court whose responsibilities include:<\/p>\n

\u3000\u3000Try first-hearing cases involving crimes committed by individuals above the division commander level.<\/p>\n

\u3000\u3000Try foreign-related criminal cases.<\/p>\n

\u3000\u3000Try second-hearing cases, verification and review of cases involving death penalty.<\/p>\n

\u3000\u3000Great Military Region and Services and Arms Courts are intermediate courts set up in great military regions, the navy, the air force, the Second Artillery Army and the PLA General Headquarters. Their responsibilities include:<\/p>\n

\u3000\u3000Try first-hearing cases involving crimes committed by individuals at the deputy division commander and regiment level.<\/p>\n

\u3000\u3000Try cases that may involve death penalty and cases under their jurisdiction as authorized or designated by superior military courts.<\/p>\n

\u3000\u3000Try cases appealing or protesting rulings or verdicts passed by lower courts.<\/p>\n

\u3000\u3000Grassroots military courts consist of tribunals set up in armies, provincial military regions, naval fleets, and air forces within Great Military Regions and in army units deployed in Beijing directly under the headquarters. Their responsibilities include:<\/p>\n

\u3000\u3000Try cases involving crimes committed by individuals under the battalion commander level and first-hearing cases that may involve a penalty up to life imprisonment.<\/p>\n

\u3000\u3000Try first-hearing cases under its jurisdiction as authorized or designated by superior military courts.<\/p>\n

\u3000\u3000Maritime courts are special courts set up to try first-hearing maritime or sea-shipping cases for the purpose of exercising judicial jurisdiction over maritime affairs. In May 1989, the Supreme People\u2019s Court made a Decision on the Scope of Cases to Be Handled by Maritime Courts. That decision specified that maritime courts handle maritime or commercial cases between Chinese legal persons\/citizens, between Chinese legal persons\/citizens and foreign legal persons\/citizens, and between foreign legal persons\/citizens. These cases fall into 14 subsets in five categories:<\/p>\n

\u3000\u3000Ten categories of cases involving maritime torts and disputes, including: damage claim cases involving collision of vessels; damage claim cases involving vessels colliding into buildings and facilities on the sea, sea-linked waters and ports; claim cases involving vessels discharging or leaking hazardous materials or waste water causing water pollution or damaging other vessels or cargo; claim cases involving casualties in the course of sea-borne shipping or operations on the sea, sea-linked waters and ports.<\/p>\n

\u3000\u3000Fourteen categories of commercial cases, including: cases involving shipping contract disputes; contract dispute cases involving passengers and baggage; cases involving seaman labor contract disputes; cases involving maritime rescue and salvage contract disputes; cases involving maritime insurance contract disputes.<\/p>\n

\u3000\u3000Eleven other categories of maritime cases, including: cases involving major liabilities in shipping and maritime operations; cases involving port operation disputes; cases involving general average disputes; cases involving offshore development and exploitation; cases involving the ownership, proprietorship, mortgage or preferred maritime right of claim of vessels; administrative cases involving maritime or inland river authorities; and cases involving maritime fraud.<\/p>\n

\u3000\u3000Five categories of cases involving maritime enforcement, including: cases involving compulsory enforcement requested by maritime and inland river authorities; cases involving applications for enforcement of arbitration awards filed by litigants; cases involving applications filed with Chinese maritime courts by litigants for recognition and enforcement of arbitration awards given by arbitration agencies in foreign countries or regions, in accordance with provisions of the convention on recognition and enforcement of foreign arbitration; cases involving applications filed by litigants to Chinese maritime courts for assistance in enforcement of rulings given by foreign courts, in accordance with judicial assistance accords China signed with foreign countries, or with the principle of reciprocity.<\/p>\n

\u3000\u3000Two categories of cases involving requests for preservation: cases involving pleas for detaining vessels prior to the opening of trial; cases involving pleas for detaining cargoes aboard ships or fuel for the ships prior to the opening of trial.<\/p>\n

\u3000\u3000Railway transportation tribunals are special courts set up along railways that try the following types of cases:<\/p>\n

\u3000\u3000Criminal cases investigated by railway public-security authorities and filed by railway prosecutors.<\/p>\n

\u3000\u3000Cases involving economic disputes. In accordance with rulings of the Supreme People\u2019s Court, these cases fall into 12 categories: cases involving railway cargo transportation contract disputes; cases involving disputes over the execution of international railway collaboration contracts; cases involving economic disputes within the railway system; cases involving torts that have resulted in damages to railways in violation of railway safety regulations; and tort cases involving human and property losses caused by railway operations and dispatch operations, where the litigant chooses to bring action to the railway tribunal.<\/p>\n

\u3000\u30003.The Supreme People\u2019s 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. The Supreme People\u2019s Court is presided over by one president and a number of vice presidents, chief justices and justices. The Supreme People\u2019s Court exercises the following powers:<\/p>\n

\u3000\u3000Supervise lower courts and special courts. For judgments and rulings passed by lower and special courts that have been found to contain errors, the Supreme People\u2019s Court have the power to hear the cases or order lower courts to reexamine the cases.<\/p>\n

\u3000\u3000Try the following cases:<\/p>\n

\u3000\u3000a\uff09 First-hearing cases falling under its jurisdiction as prescribed by the law or as deemed necessary by the court itself. The Law on Criminal Procedure stipulates that the Supreme People\u2019s Court has first-hearing right to try criminal and civil cases of major proportions nationwide. The Law on Administrative Procedure provides that the Supreme People\u2019s Court has first-hearing jurisdiction over administrative cases of a material and complicated nature.<\/p>\n

\u3000\u3000b\uff09 Cases appealing or protesting rulings of higher courts and special courts, and protested cases submitted by the Supreme People\u2019s Procuratorate in accordance with legal procedures.<\/p>\n

\u3000\u3000Approve death penalty cases.<\/p>\n

\u3000\u3000Issue judicial interpretations on how to apply law and writs.<\/p>\n

\u3000\u3000Lead and manage judicial administration of courts at all levels across the country.<\/p>\n

\u3000\u3000Organizational structure of the court system in China:<\/p>\n

\n

\u3000\u3000Judge System<\/strong><\/p>\n

\u3000\u3000The judge system, a major component of the judiciary, refers to all the rules and institutions related to the election and qualification of judges, forms of election, tenures, rewards and penalties, and salary and compensation of judges. China promulgated a Judge Law on February 28, 1995, which contains 17 chapters and 42 articles.<\/p>\n

\u3000\u30001. Qualifications of Judges<\/p>\n

\u3000\u3000Judges exercise state judicial power in accordance with law. They include presidents and vice presidents of courts at various levels, members of judicial committees, presidents and vice presidents of tribunals, judges and assistant judges. The responsibility of judges is to participate in collegiate panels or be independent judges at trials.<\/p>\n

\u3000\u3000Judges are elected with the following qualifications:<\/p>\n

\u3000\u3000A citizen of the People\u2019s Republic of China;<\/p>\n

\u3000\u3000At least 23 years of age;<\/p>\n

\u3000\u3000Supports the Constitution of the People\u2019s Republic of China;<\/p>\n

\u3000\u3000In good political, professional and moral standing;<\/p>\n

\u3000\u3000In good health;<\/p>\n

\u3000\u3000A graduate of law from an institution of higher learning, or a non-law graduate from an institution of higher learning with in-depth knowledge of law, with two years of working experience; or holders of a bachelor\u2019s degree in JD with a full year of working experience; those holding a Master\u2019s or Ph.D. degree in JD are not subject to the working-experience limit described above.<\/p>\n

\u3000\u3000Those that have been penalized for crimes or have been dismissed from their public offices shall not be elected judges.<\/p>\n

\u3000\u3000In addition, according to the Law on the Organization of People\u2019s Courts, presidents, vice presidents, presiding judge and deputy presiding judge of tribunals, judges and assistant judges, as well as People\u2019s Assessors shall be citizens with voting rights and rights of being elected, 23 years of age and with legal knowledge.<\/p>\n

\u3000\u30002. The Appointment and Removal of Judges<\/p>\n

\u3000\u3000The Constitution and laws provide for the powers and procedures for appointing and removing judges.<\/p>\n

\u3000\u3000Presidents of courts at local levels are elected and removed by the People\u2019s Congress at the same level and the tenure of the presidents is the same as the People\u2019s Congress; the president nominates the vice president, members of the Judicial Committee, presiding judges, deputy presiding judges and judges for appointment and removal by the Standing Committee of the People\u2019s Congress at the same level. Assistant judges of a court are appointed and removed by the president of the court. Judges sitting at special courts are elected and removed with procedures separately set forth by the Standing Committee of the National People\u2019s Congress.<\/p>\n

\u3000\u3000Primary judges and assistant judges are recruited from among qualified candidates through open examination. The president, vice president, members of the Judicial Committee, presiding judge and deputy presiding judge shall be selected from among candidates who have practical working experience.<\/p>\n

\u3000\u3000Judges shall not concurrently hold positions in the Standing Committee of the People\u2019s Congress, executive offices, the procuratorate, business, non-profit institutions, or in the legal profession.<\/p>\n

\u3000\u3000Judges who have lost their citizenship, been found to be incompetent, been unable to perform their duties for a protracted period of time due to disciplinary violations, criminal records or health reasons, shall be removed from their position in accordance with legal procedures.<\/p>\n","protected":false},"excerpt":{"rendered":"

The Trial System \u3000\u3000The trial system refers to the court system governing the establishment of courts, judges, and trials […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[41883],"tags":[],"class_list":["post-100277","post","type-post","status-publish","format-standard","hentry","category-fanwen"],"_links":{"self":[{"href":"https:\/\/www.dongwubaike.cn\/fanhao\/wp-json\/wp\/v2\/posts\/100277","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.dongwubaike.cn\/fanhao\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.dongwubaike.cn\/fanhao\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.dongwubaike.cn\/fanhao\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.dongwubaike.cn\/fanhao\/wp-json\/wp\/v2\/comments?post=100277"}],"version-history":[{"count":0,"href":"https:\/\/www.dongwubaike.cn\/fanhao\/wp-json\/wp\/v2\/posts\/100277\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.dongwubaike.cn\/fanhao\/wp-json\/wp\/v2\/media?parent=100277"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.dongwubaike.cn\/fanhao\/wp-json\/wp\/v2\/categories?post=100277"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.dongwubaike.cn\/fanhao\/wp-json\/wp\/v2\/tags?post=100277"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}