Organic Law of the People's Courts of the People's Republic of China (1954)

ORGANIC LAW OF THE PEOPLE'S COURTS
OF THE PEOPLE'S REPUBLIC OF CHINA

Adopted by the First Session
of the First National People's Congress
on September 21, 1954

CHAPTER ONE—GENERAL PRINCIPLES

ARTICLE 1. The judicial authority of the People's Republic of China is exercised by the following people's courts:

(1) Local people's courts;

(2) Special people's courts;

(3) The Supreme People's Court.

Local people's courts are divided into the following grades: basic people's courts, intermediate people's courts and higher people's courts.

ARTICLE 2. The establishment of higher people's courts and special people's courts is determined by the recommendation of the Ministry of Justice and the approval of the State Council. The establishment of intermediate people's courts and basic people's courts is determined by the recommendation of the judicial administrative organs of the provinces, autonomous regions or municipalities directly under the central authority, and the approval of the people's councils of the provinces or municipalities directly under the central authority, or of the organs of self-government of the autonomous regions.

ARTICLE 3. The task of the people's courts is to try criminal and civil cases, and, by judicial process, to punish criminals and settle civil disputes in order to safeguard the people's democratic system, maintain public order, protect public property, safeguard the rights and lawful interests of citizens, and ensure the successful carrying out of socialist construction and socialist transformation in the country.

The people's courts, in all their activities, educate citizens in loyalty to their country and voluntary observance of law.

ARTICLE 4. The people's courts administer justice independently, subject only to the law.

ARTICLE 5. In judicial proceedings in the people's courts, the law is applied equally to all citizens, irrespective of their nationality, race, sex, occupation, social origin, religious belief, education, property status, or length of residence.

ARTICLE 6. Citizens of all nationalities have the right to use their own spoken and written languages in court proceedings. The people's courts are to provide interpretation for any party unacquainted with the spoken or written language commonly used in the locality. In an area where people of national minorities live in compact communities or where a number of nationalities live together, hearings in people's courts are conducted in the language commonly used in the locality, and judgments, notices and all other documents of the people's courts are made public in such language.

ARTICLE 7. Cases in the people's courts are heard in public unless otherwise provided for by law. The accused has the right to defence.

The accused, besides personally defending his case, may designate advocates to defend it, or have it defended by a citizen recommended by a people's organization or approved by the people's court, or defended by a near relative or guardian. The people's court may also, when it deems it necessary, appoint a counsel for the accused.

ARTICLE 8. The people's courts carry out the system of people's assessors in all cases of first instance, with the exception of simple civil cases, minor criminal cases and cases otherwise provided for by law.

ARTICLE 9. The people's courts carry out the collegiate system in the administration of justice.

In cases of first instance in the people's courts, justice is administered by a collegiate bench of a judge and people's assessors, with the exception of simple civil cases, minor criminal cases and cases otherwise provided for by law.

In cases of appeal or protest in the people's courts, justice is administered by a collegiate bench of judges.

The presiding judge of the collegiate bench is appointed by the president of the court or by the chief judge of the division from among the judges. If the president or the chief judge takes part in the judicial proceedings, he acts as the presiding judge.

ARTICLE 10. People's courts at all levels are to set up judicial committees. The tasks of the judicial committees are to sum up judicial experience and to discuss cases of great importance or difficult cases as well as other questions relating to the judicial work.

Members of judicial committees of local people's courts are appointed and removed by the people's councils at the corresponding levels, upon the recommendation of the presidents of the local people's courts. Members of the Judicial Committee of the Supreme People's Court are appointed and removed by the Standing Committee of the National People's Congress, upon the recommendation of the President of the Supreme People's Court.

Meetings of judicial committees of people's courts are presided over by the presidents of the courts; the chief procurators of the people's procuratorates at the corresponding levels have the right to attend such meetings and participate in the discussions.

ARTICLE 11. The people's courts, in the administration of justice, carry out the system of the court of second instance as the court of last instance.

An appeal may be brought by a party from a judgment or order made by a local people's court as a court of first instance to the people's court at the next higher level in accordance with the procedure prescribed by law. The people's procuratorate may lodge a protest against such a judgment or order before the people's court at the next higher level in accordance with the procedure prescribed by law.

A judgment or order of a local people's court as a court of first instance becomes a legally effective judgment or order, if, within the period for appeal, no party to the case has appealed, nor has the people's procuratorate protested.

Judgments or orders of intermediate people's courts, higher people's courts or the Supreme People's Court, as courts of second instance, and judgments or orders of the Supreme People's Court as a court of first instance, are judgments or orders in the last instance, that is, legally effective judgments or orders.

If a person sentenced to capital punishment considers as erroneous the judgment or order of an intermediate people's court or a higher people's court as a court of last instance, he may apply to the people's court at the next higher level for re-examination. A judgment of a basic people's court and a judgment or order of an intermediate people's court, in a case of capital punishment, shall be submitted to the higher people's court for approval before execution, even if no party has appealed or applied for re-examination.

ARTICLE 12. If the president of a people's court finds, in a legally effective judgment or order of his court, some definite error in the determination of facts or application of law, he must submit the judgment or order to the judicial committee for disposal.

If the Supreme People's Court finds some definite error in a legally effective judgment or order of any lower people's court, or if an upper people's court finds such error in such a judgment or order of a lower people's court, they have the authority to review the cases themselves or to direct a lower court to conduct a retrial.

If the Supreme People's Procuratorate finds some definite error in a legally effective judgment or order of a people's court at any level, or if an upper people's procuratorate finds such error in such a judgment or order of a lower people's court, they have the authority to lodge a protest against the judgment or order in accordance with the procedure of judicial supervision.

ARTICLE 13. If a party to a case considers that a judicial officer has a personal interest in the case or, for any reason, cannot administer justice impartially, he may ask the judicial officer to withdraw. The president of the court is to decide whether the judicial officer should withdraw.

ARTICLE 14. The Supreme People's Court is responsible to the National People's Congress and reports to it; or, when the National People's Congress is not in session, to its Standing Committee. Local people's courts are responsible to the local people's congresses at corresponding levels and report to them.

The judicial work of the lower people's courts is subject to supervision by the upper people's courts.

The judicial administrative work of people's courts at all levels is directed by the judicial administrative organs.

CHAPTER TWO—ORGANIZATION AND FUNCTIONS OF THE PEOPLE'S COURTS

SECTION 1. BASIC PEOPLE'S COURTS

ARTICLE 15. Basic people's courts are:

(1) County people's courts and municipal people's courts;

(2) People's courts of autonomous counties;

(3) People's courts of municipal districts.

ARTICLE 16. A basic people's court is composed of a president, one or two vice-presidents, and judges.

A basic people's court may set up a criminal division and a civil division, each with a chief judge and, when necessary, associate chief judges.

ARTICLE 17. A basic people's court may, according to the conditions of the locality, population and cases, set up people's tribunals. A people's tribunal is a component part of the basic people's court, and its judgments and orders are the judgments and orders of the basic people's court.

ARTICLE 18. Basic people's courts take cognizance of criminal and civil cases of first instance, except such cases as are otherwise provided for by laws and decrees.

If a basic people's court considers that a criminal or civil case, of which it has taken cognizance, is of great importance and ought to be tried by an upper people's court, it may request the upper people's court to transfer the case to it for trial.

ARTICLE 19. Basic people's courts, besides trying cases, have the following duties:

(1) To settle civil disputes and minor criminal cases which do not need a trial;

(2) To direct the work of people's conciliation committees;

(3) To direct the judicial administrative work within the scope of the authority given by an upper judicial administrative organ.

SECTION 2. INTERMEDIATE PEOPLE'S COURTS

ARTICLE 20. Intermediate people's courts are:

(1) Intermediate people's courts established in various areas of a province or autonomous region;

(2) Intermediate people's courts established in municipalities directly under the central authority;

(3) Intermediate people's courts of comparatively large municipalities;

(4) Intermediate people's courts of autonomous chou.

ARTICLE 21. An intermediate people's court is composed of a president, one or two vice-presidents, chief judges of divisions, associate chief judges of divisions and judges.

An intermediate people's court has a criminal division and a civil division, and such other divisions as are deemed necessary.

ARTICLE 22. Intermediate people's courts take cognizance of:

(1) Cases of first instance assigned by laws and decrees to their jurisdiction;

(2) Cases of first instance transferred from the basic people's courts;

(3) Appeals and protests against judgments and orders of the basic people's courts;

(4) Protests lodged by the people's procuratorates in accordance with the procedure of judicial supervision.

If an intermediate people's court considers that a criminal or civil case, of which it has taken cognizance, is of great importance and ought to be tried by an upper people's court, it may request the upper people's court to transfer the case to it for trial.

SECTION 3. HIGHER PEOPLE'S COURTS

ARTICLE 23. Higher people's courts are:

(1) Higher people's courts of provinces;

(2) Higher people's courts of autonomous regions;

(3) Higher people's courts of municipalities directly under the central authority.

ARTICLE 24. A higher people's court is composed of a president, vice-presidents, chief judges of divisions, associate chief judges of divisions and judges.

A higher people's court has a criminal division and a civil division, and such other divisions as are deemed necessary.

ARTICLE 25. Higher people's courts take cognizance of:

(1) Cases of first instance assigned by laws and decrees to their jurisdiction;

(2) Cases of first instance transferred from lower people's courts;

(3) Appeals and protests against judgments and orders of the lower people's courts;

(4) Protests lodged by the people's procuratorates in accordance with the procedure of judicial supervision.

SECTION 4. SPECIAL PEOPLE'S COURTS

ARTICLE 26. Special people's courts are:

(1) Military courts;

(2) Railway-transport courts;

(3) Water-transport courts.

ARTICLE 27. The organization of special people's courts is to be prescribed by the Standing Committee of the National People's Congress.

SECTION 5. THE SUPREME PEOPLE'S COURT

ARTICLE 28. The Supreme People's Court is the highest judicial organ.

The Supreme People's Court supervises the judicial work of local people's courts and special people's courts.

ARTICLE 29. The Supreme People's Court is composed of a President, Vice-Presidents, chief judges of divisions, associate chief judges of divisions and judges.

The Supreme People's Court has a criminal division and a civil division, and such other divisions as are deemed necessary.

ARTICLE 30. The Supreme People's Court takes cognizance of:

(1) Cases of first instance assigned by laws and decrees to its jurisdiction or which it considers that it should try;

(2) Appeals and protests against judgments and orders of higher people's courts and special people's courts;

(3) Protests lodged by the Supreme People's Procuratorate in accordance with the procedure of judicial supervision.

CHAPTER THREE—JUDICIAL OFFICERS AND OTHER OFFICERS OF PEOPLE'S COURTS

SECTION 1. PRESIDENTS, CHIEF JUDGES OF DIVISIONS AND JUDGES

ARTICLE 31. Citizens who have the right to vote and stand for election and have reached the age of twenty-three are eligible to be elected presidents of people's courts, or appointed vice-presidents, chief judges of divisions, associate chief judges of divisions, judges and assistant judges; but persons who have ever been deprived of political rights are excluded.

ARTICLE 32. Presidents of local people's courts are elected by the local people's congresses at the corresponding levels; vice-presidents, chief judges of divisions, associate chief judges of divisions and judges are appointed and removed by the local people's councils at the corresponding levels.

Presidents of intermediate people's courts established in various areas in provinces or municipalities directly under the central authority are elected by the people's congresses of the provinces or of the municipalities directly under the central authority; vice-presidents, chief judges of divisions, associate chief judges of divisions and judges are appointed and removed by the people's councils of the provinces or of the municipalities directly under the central authority.

Presidents, vice-presidents, chief judges of divisions, associate chief judges of divisions and judges of local people's courts in national autonomous areas are elected or appointed and removed by the organs of self-government at the corresponding levels.

The President of the Supreme People's Court is elected by the National People's Congress; Vice-Presidents, chief judges of divisions, associate chief judges of divisions and judges are appointed and removed by the Standing Committee of the National People's Congress.

ARTICLE 33. The term of office of presidents of people's courts at all levels is four years.

A people's congress has the power to remove from office the presidents of the people's courts whom it elects.

ARTICLE 34. People's courts at all levels may, according to their need, have assistant judges.

Assistant judges of local people's courts are appointed and removed by judicial administrative organs at the next higher level. Assistant judges of the Supreme People's Court are appointed and removed by the Ministry of Justice.

Assistant judges help the judges in their work. Assistant judges may provisionally exercise the functions of a judge, upon the recommendation of the president of the court and the approval of the judicial committee.

SECTION 2. PEOPLE'S ASSESSORS

ARTICLE 35. Citizens who have the right to vote and stand for election and have reached the age of twenty-three are eligible to be elected people's assessors; but persons who have ever been deprived of political rights are excluded.

The numbers, term of office and way of selection of the people's assessors of the people's courts at all levels are to be prescribed by the Ministry of Justice.

ARTICLE 36. The people's assessors during the period of the exercise of their functions in the people's courts, are members of the divisions of the courts in which they participate, and have equal rights with the judges.

ARTICLE 37. The people's assessors must attend the courts to exercise their functions at the time appointed by the people's courts.

During the period of the exercise of their functions, the people's assessors continue to receive wages as usual from their regular place of employment. People's assessors who are not wage-earners are given adequate allowances by the people's courts.

SECTION 3. OTHER OFFICERS

ARTICLE 38. Local people's courts have marshals to carry out the execution of judgments and orders in civil cases and the execution, in criminal cases, of the parts of judgments and orders concerned with property.

ARTICLE 39. Local people's courts have clerks to record the court proceedings and to take charge of other matters properly their concern.

ARTICLE 40. The staff and administrative offices of the people's courts at all levels are to be prescribed by the Ministry of Justice.