Intellectual Property Attorneys - IP Lawyers

China Series Part 1: An Introduction to the Chinese Court System

By Timothy J. Maier on October 16, 2009 1:58 PM

 

 

The Chinese Court system is divided into a four level hierarchy consisting of The Supreme People's Court, the Higher People's Court, the Intermediate People's Court and the Basic People's Court.  Similar to the United States China also has a number of specialty courts with jurisdiction over specific subject areas including military and maritime law.

 

            A.  Supreme People's Court of the People's Republic of China 

            At the top of the hierarchy is the Supreme People's Court, located in Beijing.  Much like the Supreme Court of the United States, the Supreme People's Court has jurisdiction over all lower and special courts, for which it serves as the ultimate appellate court.  The Supreme People's Court gives "interpretation on questions concerning specific application of laws and decrees in judicial proceedings."  The Supreme People's Court has over 200 judges who meet in small tribunals.  Unlike common law jurisdictions, China does not have a strict precedential concept for case law.  However, lower courts generally attempt to follow interpretations provided by the Supreme People's Court. 

 

            B.  Local People's Courts

                The remaining three levels are collectively known as the Local People's Courts.  These courts are responsible for issues at the provincial level, autonomous regions, and municipalities under the Central Government.  The Local People's Court, also known as the courts of first instance, handles both criminal and civil cases.   

 

            1.  The Higher People's Court

            The Higher People's Court has original jurisdiction in cases assigned by law, or transferred from lower courts.  Additionally, the Higher's People's court hears major criminal cases which might affect an entire province.  Finally they may also hear cases of appeals against judgments and orders delivered by lower courts or protests filed by the people's procuratorates.

 

            2.  The Intermediate People's Courts

            Below the Higher People's Courts sit the Intermediate People's Courts.  The Intermediate People's Courts are established at the level of prefectures, autonomous prefectures, and municipalities.  The Intermediate People's Court has original jurisdiction in some cases, including those transferred from Basic People's Court, major cases dealing with foreign parties and criminal cases potentially punishable by life sentence or death. Finally the Intermediate People's Court hears some appeals and protests from the Basic People's Court.

            3.  The Basic People's Courts

            The Basic People's Courts are the lowest level general jurisdiction courts in China.  These courts are usually organized at the county, town, and district levels and may be further divided into criminal, civil and economic divisions.  The Basic People's Courts are comprised of more than 3,000 courts at county level, which are further subdivided into about smaller units in towns and villages.  The people's tribunals issue judgments and orders carrying the force of law.  Decisions are appealable to a higher court, and the Basic People's Courts themselves may request that more important cases be transferred to a higher court. 

            Throughout the system, litigants are generally limited to one appeal, on the theory of finality of judgment by two trials.  Appeals are often reviewed de novo as to both law and facts.


 

 

 

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