Chinese Law Primer
Court Structure and Process
China's court system has four levels. The highest court is the Supreme People's Court which sits in Beijing. At the next level there are the Higher People's Courts which sit in the provinces, autonomous regions and special municipalities (i.e., Beijing, Shanghai, Chongqing and Tianjin). Then there are Intermediate People's Courts which sit at the prefecture level (a level of division between the province and county levels - most frequently, these are cities that are given prefecture status and the right to govern surrounding counties) and also in parts of provinces, autonomous regions, and special municipalities. There are also basic People's Courts in counties, towns, and districts. The jurisdiction of each of these courts depends on the nature and complexity of the case.
Appeals
Litigants are generally limited to one appeal, on the theory of finality of judgment by two trials. (There are exceptions to this rule. In some cases there is a third appeal. The litigant can also appeal to the people's procuratorate [prosecutor's office] and the court for reconsideration of the case. Additionally, there are a number of more informal procedures of appeal). In theory, cases on appeal are to be reviewed de novo as to both law and facts. Accordingly, the trial and appeal process are referred to as a trial of first instance (trial) and a trial of second instance (appeal). In practice, however, courts routinely conduct only a paper review of the court file, utilizing the following language in article 187 of the Criminal Procedure Law as justification: "after consulting the case file, interrogating the defendant and heeding the opinions of the other parties, defenders and agents ad litem, [a court] thinks the criminal facts are clear" it is not required to hold a separate hearing in the case.
From a judgment or order of first instance of a local people's court, a party may bring an appeal to the people's court at the next highest level, and the people's procuratorate may protest a court decision to the people's court at the next highest level. (Note: There is no principle of double jeopardy in China. The people's procuratorate can appeal an acquittal). Judgments or orders of first instance of the local people's courts at various levels become legally effective if, within the prescribed period for appeal, no party makes an appeal.
Unlike its American counterpart, China's Supreme People's Court does not actively hear cases. Instead, it functions primarily as an administrative organ, supervising lower courts and issuing opinions on various provisions of law. The Higher People's Court holds preliminary hearings for major civil and criminal cases of a province, an autonomous region or municipality directly under the Central Government. It also conducts retrials or second trials when the people's procuratorate disputes the judgment or the defendant appeals against the verdict or ruling by the Intermediate People's Court at the first trial level. The Intermediate People's Court hears cases of counterrevolutionary crimes and cases involving life imprisonment and the death penalty, as well as actions against foreigners or Chinese who infringe upon the legitimate rights and interests of foreigners. It handles civil and criminal cases in an appellate capacity when the people's procuratorate disputes the judgment or the defendant appeals against the verdict or ruling delivered by the people's court at the trial level.
There is no jury system in China. Instead, these judges are the theoretical decision makers. In serious cases (including most homicide cases) however, a judicial committee composed of the president, vice presidents, division chiefs and other leading officials of the court will decide the case. Thus, many lawyers lament that those who decide the case are neither familiar with the facts or the arguments, as they were not present at the trial. In some instances, the court itself is held accountable to the local communist party who will place pressure on the court to come to a particular decision in a case, therein demonstrating the glaring fact that China is well away from establishing an independent judiciary. However, the majority of criminal cases do not involve strong interests or concerns, thus judges are more free to make independent decisions, and lawyers to have a great impact on the case.
