中国审判制度in english.doc

I. The Trial System 2008-4-25 17:14??clicks： 240 ? The trial system refers to the court system governing the establishment of courts, judges, and trials. Organization and Responsibilities of Peoples Courts According to the current Constitution, and the Law on the Organization of Peoples Courts, Peoples Courts represent the main trial organ of the state. Organizationally, this court system consists of local courts, special courts and the Supreme Court, with all the first two subject to the supervision of the latter. Local courts are established in accordance with the administrative divisions, while special courts are set up where necessary. 1. Local courts are divided into three levels: Grassroots, Intermediate and Higher. Under the Law on the Organization of Peoples Courts, grassroots-level courts consist of tribunals in counties/autonomous counties, cities without administrative districts, or administrative districts of cities. Their responsibilities are: · Try criminal, civil and administrative cases as courts of first hearing, except where otherwise provided for by law. Cases deemed to be of a serious nature that should be handled by superior courts can be referred to those superior courts; · Handle civil disputes and misdemeanors that do not need trials; · Guide the work of the Peoples Arbitration Committees. To facilitate lawsuits, grassroots courts may set up tribunals, which are not trial units, but have the responsibility to hear general civil and misdemeanors, guide the work of Peoples Arbitration Committees, publicize laws and regulations, and handle petitions. Their judgments and decisions represent the judgments and decisions of the grassroots Peoples Courts. Intermediate courts are those set up in prefectures, cities directly under provinces (autonomous regions and municipalities directly under the central government) and districts in the four municipalities directly under the central government (hereinafter referred to as municipal