What are adjudication hierarchy system and adjudicative work principles of the people’s courts?

Adjudication hierarchy system of the people’s courts

Two instances at four levels

The people’s courts at next higher level (courts of final instance) to appeal

Parties to refuse to accept, to demurrer

The people's procuratorates to consider some definite errors

Adjudications and orders of local courts of first instance

Adjudicative working principles of the people's courts

1. Principle of independent adjudication

2. Principle of equality

3. Principle of public trial

4. Principle of defendants’ right of defense

5. Right to use native spoken and written languages in proceedings

6. Collegial panel system

7. Principle of recusal

8. Supervision system over trials

System of independent adjudication

The people’s courts exercise adjudication authority independently not to be subject to public organizations and individuals' interference.

Principle of independent adjudication

To apply laws equally, no privilege doctrine

Principle of public trial

Public trial: public trial to all parties except those involving state secrets, private affairs of individuals and juvenile cases.

Principle of defendants' right of defense

Pro se defendants, lawyers, public organizations or units to which defendants belong, citizens approved by the people’s court, defendant’s near relatives, guardians, defenders appointed by the people’s court are able to serve as defense role.

To use native spoken and written languages in proceedings

To provide translations

Parties who are not familiar with spoken or written languages commonly used by local people

Collegial panel system

Collegial panel of first instance: judges or judges + the people's assessors

Collegial panel of second instance: members of a collegial panel = odd number

A collegial panel of retrial and remand for retrial

Retrial:

Originally tried at first instance: a new collegial bench shall be formed according to first instance procedure

Originally reviewed at second instance or removed to the people’s court at higher level for review: new collegial bench shall be formed according to second instance procedure

Remand for retrial: formed according to first instance procedure

Recusal principle

Recusal reason:

Party or near relatives of party, litigation agents

Personal interest in case

Other members who could influence impartial adjudication

System of supervision over trials

Presidents of the people's courts at all levels

Adjudications and orders effective in their own courts

The Supreme People’s Court

Adjudications and orders effective of courts at all levels

Courts at higher levels

下级法院生效判决和裁定 Adjudications and orders effective of courts at lower levels