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How does the court system work in China?
According to the Constitution and the Organic Law of the People’s Courts of 1979 as amended in 1983, China practices a system of courts characterized by ” four levels and two instance of trials”. The local people’s courts are divided into basic people’s courts, intermediate people’s courts and higher people’s courts.
What do courts base their decisions on?
The courts are the custodians of the rights of citizens; they interpret laws passed by parliament; and, through their decisions, make the common law. The courts usually follow precedent; that is make decisions based on what earlier courts have decided was the law when similar facts were presented in a case.
What is China’s legal system based on?
For most of the history of China, its legal system has been based on the Confucian philosophy of social control through moral education, as well as the Legalist emphasis on codified law and criminal sanction.
How are criminal courts organized in China?
There are four levels of courts used to adjudicate criminal cases, from highest to lowest: the Supreme People’s Court, the Higher People’s Courts, the Intermediate People’s Courts and the Primary People’s Courts.
Is there a court system in China?
Court structure According to the Constitution of the People’s Republic of China of 1982 and the Organic Law of the People’s Courts that went into effect on January 1, 1980, the Chinese courts are divided into a four-level court system (Supreme, High, Intermediate and Primary):
Is there judicial review in China?
Courts in the PRC do not have a general power of judicial review which enables them to strike down legislation. However under the Administrative Procedure Law of the People’s Republic of China, they do have authority to invalidate specific acts of the government.
What is the Chinese justice system like?
According to the constitution, the court system is to exercise judicial power independently and free of interference from administrative organs, public organizations, and individuals. The Party’s Political and Legal Affairs Commissions coordinates and have direct control over all the court system.
What are judicial decisions and jurisprudence?
Case law, or the legal decisions which have developed and which accompany statutes in applying the law against situations of fact. Technically, jurisprudence means the “science of law”. Statutes articulate the bland rules of law, with only rare reference to factual situations.