Organic Law of the People's Courts of the People's Republic of China (Revised in 2018)
Organic Law of the People's Courts of the People's Republic of China (Revised in 2018)
Organic Law of the People's Courts of the People's Republic of China (Revised in 2018)
Order of the President of the People's Republic of China No.11
October 26, 2018
TheOrganic Law of the People's Courts of the People's Republic of China, which was revised and adopted at the Sixth Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on October 26, 2018, is hereby published for implementation as of January 1, 2019.
Xi Jinping, president of the People's Republic of China
Organic Law of the People's Courts of the People's Republic of China (Revised in 2018)
(Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979; amended for the first time in accordance with the Decision concerning Amendment of the Organic Law of the People's Courts of the People's Republic of China adopted at the Second Session of the Standing Committee of the Sixth National People's Congress on September 2, 1983; amended for the second time in accordance with the Decision on Revising the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China adopted at the 18th Session of the Standing Committee of the Sixth National People's Congress on December 2, 1986; amended for the third time in accordance with the Decision concerning Amendment of the Organic Law of the People's Courts of the People's Republic of China adopted at the 24th Session of the Standing Committee of the Tenth National People's Congress on October 31, 2006; and, revised at the Sixth Session of the Standing Committee of the 13th National People's Congress on October 26, 2018).
Contents
Chapter I General Provisions
Chapter II Setting and Functions and Powers of People's Courts
Chapter III Trial Organization of People's Courts
Chapter IV Personnel Composition of People's Courts
Chapter V Protection for People's Courts in Exercising Their Functions and Powers
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 The Law of the People's Republic of China on the Organization of People's Courts (Revised in 2018) (the "Law") is enacted in accordance with the Constitution in order to regulate the setting, organization and functions and powers of people's courts, and ensure the lawful performance of duties by people's courts.
Article 2 People's courts are judicial organs of the State.
By trying criminal cases, civil cases, administrative cases, and other cases prescribed by the law, people's courts punish criminals, safeguard innocent people against criminal prosecution, solve civil and administrative disputes, protect the legitimate rights and interests of individuals and organizations, supervise administrative organs' exercise of duties in accordance with the law, maintain national security and social order, social fairness and justice, and the unity, dignity and authority of the national legal system, and ensure the smooth progress of socialist construction with Chinese characteristics.
Article 3 People's courts shall be established in accordance with the Constitution, laws and decisions of the Standing Committee of the National People's Congress.
Article 4 People's courts shall exercise judicial power independently, in accordance with the provisions of laws, and shall not be subject to interference by any administrative organ, public organization or individual.
Article 5 In the trial of cases by people's courts, the law shall be applied equally, and no privileges beyond laws or discrimination in any form shall be allowed.
Article 6 People's courts shall uphold judicial justice, take facts as the basis, take law as the criterion, abide by statutory procedures, protect the litigation rights and other legitimate rights and interests of individuals and organizations in accordance with the law, and respect and protect human rights.
Article 7 People's courts shall exercise judicial disclosure, except as otherwise provided by the law.
Article 8 People's courts shall implement the judicial responsibility system and establish sound judicial power operation mechanisms with unified powers and responsibilities.
Article 9 The Supreme People's Court shall be responsible for and report work to the National People's Congress and the Standing Committee of the National People's Congress. Local people's courts are responsible for and report on their work to the local people's congresses at corresponding levels and their standing committees.
People's congresses at all levels and the standing committees thereof shall supervise the work of the people's courts at the corresponding levels.
Article 10 The Supreme People's Court is the highest judicial organ.
The Supreme People's Court shall supervise the judicial work of the people's courts at various local levels and of the special people's courts; the people's courts at higher levels shall supervise the judicial work of those at lower levels.
Article 11 People's courts shall accept the supervision of the masses, and ensure that the masses have the right to know, participate in and supervise the work of people's courts.
Chapter II Setting and Functions and Powers of People's Courts
Article 12 People's courts are classified into:
1.
......
Order of the President of the People's Republic of China No.11
October 26, 2018
TheOrganic Law of the People's Courts of the People's Republic of China, which was revised and adopted at the Sixth Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on October 26, 2018, is hereby published for implementation as of January 1, 2019.
Xi Jinping, president of the People's Republic of China
Organic Law of the People's Courts of the People's Republic of China (Revised in 2018)
(Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979; amended for the first time in accordance with the Decision concerning Amendment of the Organic Law of the People's Courts of the People's Republic of China adopted at the Second Session of the Standing Committee of the Sixth National People's Congress on September 2, 1983; amended for the second time in accordance with the Decision on Revising the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China adopted at the 18th Session of the Standing Committee of the Sixth National People's Congress on December 2, 1986; amended for the third time in accordance with the Decision concerning Amendment of the Organic Law of the People's Courts of the People's Republic of China adopted at the 24th Session of the Standing Committee of the Tenth National People's Congress on October 31, 2006; and, revised at the Sixth Session of the Standing Committee of the 13th National People's Congress on October 26, 2018).
Contents
Chapter I General Provisions
Chapter II Setting and Functions and Powers of People's Courts
Chapter III Trial Organization of People's Courts
Chapter IV Personnel Composition of People's Courts
Chapter V Protection for People's Courts in Exercising Their Functions and Powers
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 The Law of the People's Republic of China on the Organization of People's Courts (Revised in 2018) (the "Law") is enacted in accordance with the Constitution in order to regulate the setting, organization and functions and powers of people's courts, and ensure the lawful performance of duties by people's courts.
Article 2 People's courts are judicial organs of the State.
By trying criminal cases, civil cases, administrative cases, and other cases prescribed by the law, people's courts punish criminals, safeguard innocent people against criminal prosecution, solve civil and administrative disputes, protect the legitimate rights and interests of individuals and organizations, supervise administrative organs' exercise of duties in accordance with the law, maintain national security and social order, social fairness and justice, and the unity, dignity and authority of the national legal system, and ensure the smooth progress of socialist construction with Chinese characteristics.
Article 3 People's courts shall be established in accordance with the Constitution, laws and decisions of the Standing Committee of the National People's Congress.
Article 4 People's courts shall exercise judicial power independently, in accordance with the provisions of laws, and shall not be subject to interference by any administrative organ, public organization or individual.
Article 5 In the trial of cases by people's courts, the law shall be applied equally, and no privileges beyond laws or discrimination in any form shall be allowed.
Article 6 People's courts shall uphold judicial justice, take facts as the basis, take law as the criterion, abide by statutory procedures, protect the litigation rights and other legitimate rights and interests of individuals and organizations in accordance with the law, and respect and protect human rights.
Article 7 People's courts shall exercise judicial disclosure, except as otherwise provided by the law.
Article 8 People's courts shall implement the judicial responsibility system and establish sound judicial power operation mechanisms with unified powers and responsibilities.
Article 9 The Supreme People's Court shall be responsible for and report work to the National People's Congress and the Standing Committee of the National People's Congress. Local people's courts are responsible for and report on their work to the local people's congresses at corresponding levels and their standing committees.
People's congresses at all levels and the standing committees thereof shall supervise the work of the people's courts at the corresponding levels.
Article 10 The Supreme People's Court is the highest judicial organ.
The Supreme People's Court shall supervise the judicial work of the people's courts at various local levels and of the special people's courts; the people's courts at higher levels shall supervise the judicial work of those at lower levels.
Article 11 People's courts shall accept the supervision of the masses, and ensure that the masses have the right to know, participate in and supervise the work of people's courts.
Chapter II Setting and Functions and Powers of People's Courts
Article 12 People's courts are classified into:
1.
......