China's people's court system consists of courts at four levels:
namely the grassroots, intermediate, higher and supreme people's
courts, in addition to special courts such as the military, railway
and water transportation courts. Grassroots courts refer to
tribunals in counties/autonomous counties, cities without
administrative districts, or administrative districts of cities;
intermediate courts are set up in prefectures, cities directly
under provinces (also autonomous regions and municipalities
directly under the Central Government); higher courts are those set
up in provinces (also autonomous regions and municipalities
directly under the Central Government).
Special courts are a component part of the people's court system
and jointly implement the state right of trials with local people's
courts at different levels. The difference of the special courts
from local people's courts lies in the following aspects:
1.
Special courts are trial organs set up according to specified
organizations or specified ranges to deal with cases while the
local courts are trial organs set up according to administrative
divisions;
2.
Cases dealt with by special courts are of special nature which
means in nature these cases are different from those tried by local
people's courts; and
3.
The setup of the special courts and the appointment and removal of
the staff of the special courts are also different from those of
local people's courts. For instance, the president of the military
court is not elected by the people's congress but jointly appointed
by the SPC and the Central Military Commission.
Special courts include the military court, maritime court, railway
transportation court, forestry court, agricultural reclamation
court and petroleum court.
The Military Court
The military court is established out of consideration of the
special features of the system of the armed forces and their
combating tasks. The specific job of the military court is, through
trying criminal elements who harm the state and national defense,
to safeguard state security, the legal system and the order of the
armed forces, consolidate the combat capability of the army,
maintain the lawful rights and interests of the army men and other
citizens. To combat the enemy, penalize criminals, protect the
people and propagate the socialist legal system are the basic
functions of the military court.
The military court consists of three levels: first, the Military
Court of the People's Liberation Army, second, the military courts
of the various area commands, and units of the various branches of
the armed services, and third, the army groups.
A
military court consists a president, a vice president, two
tribunals each with a presiding judge and a vice presiding judge,
judges and clerks. Each of the military courts of various area
commands, branches of the armed services and army groups consists
of a president, judges and clerks.
In
all military courts, a trial committee is set up charged with such
tasks as discussing major or difficult cases and other work related
to the trials. The committee is chaired by the court president. The
procurators of the military procuratorates at the same level or
rank may audit at the meeting of the committee.
The jurisdiction of military courts is restricted to specified
criminal cases such as criminal cases committed by army men in
active service and by workers on the payroll of the military, and
other criminal cases whose trial and judgment are delegated to the
military court by the SPC.
The Maritime Court
The maritime court handles first-hearing maritime cases or cases
involving maritime businesses. It does not deal with criminal cases
or other civil cases. Appeals or protests against verdicts of the
maritime court are handled by the local higher people's courts.
A
maritime court consists of the maritime tribunal, maritime business
tribunal, a research office, and other departments. The court has a
president, vice presidents, presiding judges, vice presiding judges
and judges. The president of the maritime president is proposed by
the chairman of the standing committee of the local city people's
congress for appointment or removal by the standing committee of
the people's congress. The vice presidents, presiding judges, vice
presiding judges, judges and members of the trial committee are
proposed by the president of the maritime court for appointment or
removal by the standing committee of the city's people's congress
where the court is located.
The Railway Transportation Court
There are two levels of railway transportation courts, namely the
intermediate railway transportation courts of the railway
administrations and grassroots courts of the railway branch
administrations. The trial activities of the intermediate railway
courts are supervised by the higher people's courts in the same
regions.
The president of a railway court is proposed by the chairman of the
standing committee of the local people's congress for appointment
or removal by the standing committee of the people's congress of
the region where the court is located. The vice president, the
presiding judge, vice presiding judge and judges are appointed or
removed by the standing committees of the local people's
congresses.
A
railway court consists of a criminal tribunal, economic dispute
tribunal and civil disputes tribunal. Specifically its
jurisdictions cover: (1) civil and criminal cases that have
occurred during railway transportation, (2) criminal and civil
cases involving workers of railway bureaus, and (3) economic
disputes having direct relationships with railway transportation
departments.
The Forestry Court
The tasks of forestry courts are to protect the forests, deal with
cases involving sabotage to forestry resources, serious
responsibility cases and cases involving foreigners.
Forestry courts are set up by forestry bureaus (including timber
water transportation bureaus) in specified forested regions.
Intermediate forestry courts are set up at forestry administrations
of the prefectures or regions where state-owned forests stand in
large interlinked patches.
(China.org.cn May 20, 2003)