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{{about||the Ministry of Justice|Ministry of Justice (China)|the judicial system in the [[Republic of China]]|Judicial Yuan}}

{{Politics of China |expanded = Judiciary }}

[[File:Supreme People's Court of P.R.China's badge.svg|thumbnail|Emblem of the People's Court of the People's Republic of China]]
[[File:More China 040.JPG|thumb|The front facade of the [[Supreme People's Court]] in Beijing.]]

The [[judiciary]] of the [[People's Republic of China]] (PRC), organized under the [[Constitution of the People's Republic of China|constitution]] and [[Organic Law of the People's Courts of the People's Republic of China|organic law]], is one of five organs of state power elected by the [[National People's Congress]] (NPC). The PRC does not have [[judicial independence]] or [[judicial review]] as the courts do not have authority beyond what is granted to them by the NPC under a system of [[unified power]]. The [[Chinese Communist Party]]'s [[Central Political and Legal Affairs Commission]] maintains effective control over the court system and its personnel.<ref>{{Cite journal |last=Ahl |first=Björn |date=2019-05-06 |title=Judicialization in authoritarian regimes: The expansion of powers of the Chinese Supreme People's Court |journal=[[International Journal of Constitutional Law]] |language=en |volume=17 |issue=1 |pages=252–277 |doi=10.1093/icon/moz003 |issn=1474-2640 |doi-access=free}}</ref><ref>{{Cite web |date=April 28, 2008 |title="Walking on Thin Ice" - Control, Intimidation and Harassment of Lawyers in China |url=https://www.hrw.org/report/2008/04/29/walking-thin-ice/control-intimidation-and-harassment-lawyers-china |access-date=June 19, 2024 |website=[[Human Rights Watch]] |archive-date=September 16, 2023 |archive-url=https://web.archive.org/web/20230916071928/https://www.hrw.org/report/2008/04/29/walking-thin-ice/control-intimidation-and-harassment-lawyers-china |url-status=live }}</ref> [[Judiciary of Hong Kong|Hong Kong]] and [[Judiciary of Macau|Macau]] have separate court systems in accordance with the "[[one country, two systems]]" doctrine.

== Court structure ==
[[File:VM 4660 Supreme Court of Hubei Province.jpg|thumb|High People's Court of the province of Hubei]]

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):
* At the highest level is the [[Supreme People's Court]] (SPC) in [[Beijing]], the premier appellate forum of the land and court of last resort, which supervises the administration of justice by all subordinate "local" and "special" people's courts. It also sets up six circuit courts seat outside of the state capital, which acts in the same capacity, to hear cross-provincial cases within respective jurisdiction.{{Citation needed|date=January 2021}}
* [[Local people's court]]s—the courts of the first instance—handle [[criminal law|criminal]] and [[civil law (common law)|civil]] cases. These people's courts make up the remaining three levels of the court system and consist of "[[high people's court]]s" at the level of the provinces, autonomous regions, and special municipalities; "[[intermediate people's court]]s" at the level of prefectures, autonomous prefectures, and municipalities; and "[[primary people's court]]s" at the level of autonomous counties, towns, and municipal districts.{{Citation needed|date=January 2021}}
* [[Court of special jurisdiction (People's Republic of China)|Courts of Special Jurisdiction]] (special courts) comprises the [[Military court (People's Republic of China)|Military Courts]] (military), [[Railway Transportation Court (China)|Railway Transportation Court of China]] (railroad transportation), [[Maritime court (People's Republic of China)|Maritime Courts]] (water transportation), Internet Courts, Intellectual Property Courts, and Financial Court. Except for the Military Courts, all other courts of special jurisdiction falls under the general jurisdiction of its respective high court.{{Citation needed|date=January 2021}}

Candidates for judgeship must pass the [[National Unified Legal Professional Qualification Examination]].{{Citation needed|date=January 2021}} All lawyers must take an oath pledging loyalty to the [[Chinese Communist Party]].<ref name="NYTOath">{{Cite news |last=Wong |first=Edward |author-link=Edward Wong |date=2012-03-22 |title=Chinese Lawyers Chafe at New Oath to Communist Party |url=https://www.nytimes.com/2012/03/23/world/asia/chinese-lawyers-chafe-at-new-oath-to-communist-party.html |access-date=2024-04-20 |work=[[The New York Times]] |language=en-US |issn=0362-4331 |archive-date=2012-03-22 |archive-url=https://web.archive.org/web/20120322220405/http://www.nytimes.com/2012/03/23/world/asia/chinese-lawyers-chafe-at-new-oath-to-communist-party.html |url-status=live }}</ref>

The court system is paralleled by a hierarchy of prosecuting offices called people's procuratorates, the highest being the Supreme People's Procuratorate.{{Citation needed|date=January 2021}}

Local departments of justice can revoke the license of lawyers. This power is used to target lawyers who challenge the authority of the state, particularly human rights lawyers.<ref>{{cite web |last1=Davidson |first1=Helen |title=China moves to punish lawyers who helped Hong Kong activists |url=https://www.theguardian.com/world/2021/jan/05/china-moves-to-punish-lawyers-who-helped-hong-kong-activists |website=[[The Guardian]] |date=5 January 2021 |access-date=5 January 2021 |archive-date=5 January 2021 |archive-url=https://web.archive.org/web/20210105095232/https://www.theguardian.com/world/2021/jan/05/china-moves-to-punish-lawyers-who-helped-hong-kong-activists |url-status=live }}</ref>

== Legal procedure==
The Supreme Court is responsible for establishing and monitoring legal procedures in adherence to the laws and orders made by the legislative organs.{{Citation needed|date=January 2021}}

Following civil law traditions, the courts do not establish legally-binding precedent. The Supreme Court has the right to publish legal explanations of laws which are legally-binding but the right to interpret the constitution is reserved by the [[National People's Congress|legislative organs]].{{Citation needed|date=January 2021}}
A verdict made by an inferior court can be challenged in its superior court, up to the Supreme Court, there are four levels of courts in total. A superior court can also designate any of its inferior courts to hear an appeal rather than do so itself.{{Citation needed|date=January 2021}}

Court proceedings in China are generally livestreamed, with exceptions including where classified information is discussed or where juveniles testify.<ref name=":9222" />{{Rp|page=125}}

===Civil===
Besides the court system, it is also encouraged to resolve civil conflicts through a state-sponsored and -regulated mediation and arbitration system. After the first hearing of a civil case, the court is required by law to ask both parties if they are willing to resolve their conflict through mediation. If agreed, the court should assign a mediator and oversee the process. If both parties reach an agreement, it will be legally binding after the agreement is reviewed and documented by a judge of the court.{{Citation needed|date=January 2021}}

The enforceability of a civil verdict has long been an issue of some controversy, damaging the people's trust in the legal system. To address the problem of civil law enforceability, the Supreme People's Court has established a system to forbid debtors who fail to honor civil verdicts from exorbitant spending, including five-star hotels, air flights, and bullet trains, though there is controversy as to whether this gives the court too much authority.<ref>{{cite web|url=http://zxgk.court.gov.cn/|title=中国执行信息公开网|website=zxgk.court.gov.cn|access-date=2019-05-26|archive-url=https://web.archive.org/web/20190529133017/http://zxgk.court.gov.cn/|archive-date=2019-05-29|url-status=live}}</ref>

Courts allow litigants to communicate with it via [[WeChat]], through which the litigant parties can file lawsuits, participate in proceedings, present evidence, and listen to verdicts.<ref name=":9222">{{Cite book |last=Šimalčík |first=Matej |title=Contemporary China: a New Superpower? |publisher=[[Routledge]] |year=2023 |isbn=978-1-03-239508-1 |editor-last=Kironska |editor-first=Kristina |chapter=Rule by Law |pages=114–127 |doi=10.4324/9781003350064-12 |editor-last2=Turscanyi |editor-first2=Richard Q.}}</ref>{{Rp|page=125}} As of December 2019, more than 3 million litigants had used WeChat for litigation.<ref name=":9222" />{{Rp|page=125}}

== History ==
{{More citations needed section|date=June 2008}}
[[File:Hangzhou Intermediate People's Court 01.jpg|thumbnail|Hangzhou Intermediate People's Court]]

Between the [[Anti-Rightist Campaign]] of 1957 and the legal reforms of 1979, the courts—viewed by the leftists as troublesome and unreliable—played only a small role in the judicial system. Most of their functions were handled by other party or government organs. In 1979, however, the [[National People's Congress]] began the process of restoring the judicial system. The world was able to see an early example of this reinstituted system in action in the showcase trial of the [[Gang of Four]] and six other members of the "Lin-Jiang clique" from November 1980 to January 1981 (see the [[Four Modernizations]]). The trial, which was publicized to show that China had restored a legal system that made all citizens [[Equality before the law|equal before the law]], actually appeared to many foreign observers to be more a political than a legal exercise. Nevertheless, it was intended to show that China was committed to restoring a judicial system.{{cn|date=June 2024}}

The [[Ministry of Justice (China)|Ministry of Justice]], abolished in 1959, was re-established under the 1979 legal reforms to administer the newly restored judicial system. With the support of local judicial departments and bureaus, the ministry was charged with supervising personnel management, training, and funding for the courts and associated organizations and was given responsibility for overseeing [[legal research]] and exchanges with foreign judicial bodies.{{cn|date=June 2024}}

The 1980 [[Organic Law of the People's Courts of the People's Republic of China|Organic Law of the People's Courts]] (revised in 1983) and the 1982 [[Constitution of the People's Republic of China|State Constitution]] established four levels of courts in the general administrative structure. [[Judge]]s are elected or appointed by people's congresses at the corresponding levels to serve a maximum of two five-year terms. Most [[trial]]s are administered by a collegial bench made up of one to three judges and three to five assessors. Assessors, according to the State Constitution, are elected by local residents or people's congresses from among citizens over twenty-three years of age with political rights or are appointed by the court for their [[expertise]]. Trials are conducted by the [[inquisitorial system]], in which both judges and assessors play an active part in the [[Interrogation|questioning]] of all witnesses. This contrasts with the [[adversarial system]], in which the judge is meant to be an impartial referee between two contending attorneys. After the judge and assessors rule on a case, they pass sentence. An aggrieved party can appeal to the next higher court.{{cn|date=June 2024}}

The Organic Law of the People's Courts requires that adjudication committees be established for courts at every level. The committees usually are made up of the president, vice presidents, chief judges, and associate chief judges of the court, who are appointed and removed by the standing committees of the people's congresses at the corresponding level. The [[adjudication]] committees are charged with reviewing major cases to find errors in determination of facts or application of law and to determine if a [[wikt:chief judge|chief judge]] should withdraw from a case. If a case is submitted to the adjudication committee, the court is bound by its decision. The Supreme People's Court stands at the apex of the judicial structure. Located in Beijing, it has jurisdiction over all lower and special courts, for which it serves as the ultimate appellate court. It is directly responsible to the [[National People's Congress Standing Committee]], which elects the court president.{{cn|date=June 2024}}

China also has 'special' [[military]], [[rail transport]], [[water transport]], and [[forestry]] courts. These courts hear cases of [[counter-revolutionary]] activity, [[plundering]], [[bribery]], [[sabotage]], or [[indifference (emotion)|indifference]] to duty that result in severe damage to military facilities, work place, or government property or threaten the safety of soldiers or workers.<ref>
{{Cite journal |last=Li |first=Ling |date=2016 |title=The Chinese Communist Party and People's Courts: Judicial Dependence in China |journal=[[The American Journal of Comparative Law]] |volume=64 |issue=1 |pages=37–74 |doi=10.5131/AJCL.2016.0002 |issn=0002-919X |jstor=26386882}}</ref>

[[Military court]]s make up the largest group of special courts and try all [[treason]] and [[espionage]] cases. Although they are independent of civilian courts and directly subordinate to the [[Ministry of National Defense of the People's Republic of China|Ministry of National Defense]], military court decisions are reviewed by the Supreme People's Court. Special military courts were first established in 1954 to protect the special interests of all commanders, political commissars, and soldiers, but they ceased to function during the [[Cultural Revolution]] (1966–76). Military courts and procuratorates were reinstituted in October 1978, and open military trials resumed in December of that year.{{cn|date=June 2024}}

In April 1986, at the Fourth Session of the Sixth National People's Congress, the [[General Principles of the Civil Code]] was approved as "one of China's basic laws." Consisting of more than 150 articles, the code was intended to regulate China's internal and external economic relations to establish a stable base conducive to [[trade]] and attractive to [[foreign direct investment|foreign investors]]. Many of its provisions define the legal status of economic entities and the property rights they exercise. The code clearly stipulated that private ownership of the means of production is protected by law and may not be seized or interfered with by any person or organization. It also recognizes partnerships and wholly foreign-owned or joint-venture enterprises.<ref>{{cite web |date=12 April 1986 |title=GENERAL PRINCIPLES OF THE CIVIL LAW OF THE PEOPLE'S REPUBLIC OF CHINA |access-date=18 June 2024 |publisher=AsianLii Legal Database, Laws of the Peoples Republic of China |url=https://asianlii.org/cn/legis/cen/laws/gpotclotproc555/ |archive-date=20 March 2024 |archive-url=https://web.archive.org/web/20240320025606/http://www.asianlii.org/cn/legis/cen/laws/gpotclotproc555/ |url-status=live }}</ref>

In 2007, the doctrine of the [[Three Supremes]] was introduced under [[Hu Jintao]], mandating that the judiciary subordinate written law to the interests of the CCP.<ref>{{Cite web |date=2021-04-16 |title=Three Supremes |url=https://chinamediaproject.org/the_ccp_dictionary/three-supremes/ |access-date=2024-09-20 |website=China Media Project |language=en-US |archive-date=2024-09-13 |archive-url=https://web.archive.org/web/20240913052417/https://chinamediaproject.org/the_ccp_dictionary/three-supremes/ |url-status=live }}</ref>

In 2013, the SPC issued Opinions Concerning Sentencing Guidelines for Frequently Committed Offences, which aimed to achieve consistency in sentencing for similar offenses. Therefore, China divided the guidelines into four sections: the guiding principles of sentencing, basic sentence methodology, applications of common mitigating and aggravating factors, and sentences for common offences.<ref name="Advancements and controversies in C">{{cite journal |last1=Lin |first1=Zhiqiu |title=Advancements and controversies in China's recent sentencing reforms |journal=China Information |date=2016 |volume=30 |issue=3 |page=357 |doi=10.1177/0920203X16674193|s2cid=148879303 |url=https://ir.library.carleton.ca/pub/10404 }}</ref> These guidelines introduced a methodology for calculating sentences, involving three components: a sentencing starting point, a baseline sentence, and a final sentence. The starting point was determined based on the primary constituent facts of a crime, while the baseline sentence considered secondary facts related to the offense. A final sentence was derived from an adjusted baseline sentence, considering various mitigating and aggravating factors. However, these guidelines were only applicable to less serious offenses, leaving serious crimes without specific guidance.<ref name="Advancements and controversies in C"/>

From 2014 to 2017, the judicial system underwent significant reform aimed at curbing judicial favoritism.<ref name=":Zhang" />{{Rp|page=212}} Among the key reform provisions was recentralizing personnel appointments and fiscal management of basic and intermediate courts, with these decisions now being made by provincial governments.<ref name=":Zhang" />{{Rp|page=212}}

In 2015, China began publishing all court decisions in civil and criminal cases across all tiers of the judiciary.<ref name=":9222" />{{Rp|page=125}} This database, the China Judgment Online database, is the world's largest collection of judicial decisions.<ref name=":Zhang" />{{Rp|page=141}} Although the Supreme People's Court mandates that all local courts upload their judgments, the local courts' compliance with this mandate varies.<ref name=":Zhang" />{{Rp|page=41}} In 2021, millions of court verdicts were removed, including all [[Capital punishment in China|capital punishment]] verdicts.<ref>{{Cite web |last=Xie |first=Echo |date=2021-06-26 |title=Millions of court rulings removed from official Chinese database |url=https://www.scmp.com/news/china/politics/article/3138830/millions-court-rulings-removed-official-chinese-database |access-date=2023-09-26 |website=[[South China Morning Post]] |language=en |archive-date=2023-09-26 |archive-url=https://web.archive.org/web/20230926152627/https://www.scmp.com/news/china/politics/article/3138830/millions-court-rulings-removed-official-chinese-database |url-status=live }}</ref> In 2023, administrative proceedings were also removed.<ref>{{Cite web |last=Boyd |first=Alexander |date=2023-03-25 |title=Administrative Proceedings—"People Suing Government"—Removed From Chinese Legal Database in New Blow to Transparency |url=https://chinadigitaltimes.net/2023/03/administrative-proceedings-removed-from-chinese-legal-database-in-blow-to-transparency/ |access-date=2023-09-26 |website=[[China Digital Times]] |language=en-US |archive-date=2023-09-26 |archive-url=https://web.archive.org/web/20230926152604/https://chinadigitaltimes.net/2023/03/administrative-proceedings-removed-from-chinese-legal-database-in-blow-to-transparency/ |url-status=live }}</ref>

The Supreme People's Court in 2018 began promoting the Mobile Micro Court app.<ref name=":Zhang" />{{Rp|page=207}} As of March 2020, over 1.3 million people had used the Mobile Micro Court app and over 437,000 cases had been filed through it.<ref name=":Zhang" />{{Rp|page=207}}

In 2019, the city of [[Hangzhou]] established a pilot program artificial intelligence-based [[Hangzhou Internet Court|Internet Court]] to adjudicate disputes related to ecommerce and internet-related [[Intellectual property in China|intellectual property]] claims.<ref name=":9222" />{{Rp|page=124}} Parties appear before the court via videoconference and [[Artificial intelligence industry in China|AI]] evaluates the evidence presented and applies relevant legal standards.<ref name=":9222" />{{Rp|page=124}} Following the Hangzhou Internet Court, the Beijing Internet Court and Guangzhou Internet Court were established.<ref name=":Zhang">{{Cite book |last=Zhang |first=Angela Huyue |title=High Wire: How China Regulates Big Tech and Governs Its Economy |publisher=[[Oxford University Press]] |year=2024 |isbn=9780197682258 |doi=10.1093/oso/9780197682258.001.0001}}</ref>{{Rp|page=206}} In these courts, all aspects of the judicial process from case filing through conclusion are handled online.<ref name=":Zhang" />{{Rp|page=206}} Major cities including Shanghai, Tianjin, Shenzhen, Wuhan, and Chengdu have established specialized court divisions for cases arising from online disputes.<ref name=":Zhang" />{{Rp|page=206}}

The Chinese government is also promoting the development of a "smart court" system to increase the use of technology such as artificial intelligence and blockchain to streamline proceedings.<ref name=":Zhang" />{{Rp|page=206}} The Hangzhou Internet Court was the first court in China to accept blockchain evidence to prove the content of a website at a particular point in time, rather than the public notary method traditionally used to do so.<ref name=":9222" />{{Rp|pages=124–125}} 

In February 2023, the [[General Office of the Chinese Communist Party]] issued a text titled ''Opinions on Strengthening Legal Education and Legal Theory Research in the New Era'' that called for purging "Western erroneous views" from legal education, including [[Constitution|constitutional government]], [[separation of powers]], and [[judicial independence]].<ref>{{Cite news |date=27 February 2023 |title=China purging 'Western erroneous views' from legal education |work=[[Associated Press]] |url=https://apnews.com/article/religion-and-politics-china-xi-jinping-education-ebb2697107b61b5fcc2f49fa42eb92b1 |access-date=28 February 2023 |archive-date=28 February 2023 |archive-url=https://web.archive.org/web/20230228101247/https://apnews.com/article/religion-and-politics-china-xi-jinping-education-ebb2697107b61b5fcc2f49fa42eb92b1 |url-status=live }}</ref> The CCP text is based around adaption and implementation on the views on [[judicial theory]] and [[socialist]] [[rule of law]] with Chinese characteristics as examined in [[Xi Jinping]]'s published text 'Thought on the Rule of Law'.<ref> {{Cite web |date=1 January 2024 |title=Opinions of the Supreme People's Court on Strengthening the Legal Theory Research of the People's Courts in the New Era |publisher=General Office of the Chinese Communist Party |access-date=18 June 2024 |url=https://www.lawinfochina.com/display.aspx?id=42544&lib=law}}</ref>

== See also ==
{{div col|colwidth=30em}}
* [[Chinese law]]
* [[Law enforcement in the People's Republic of China]]
* [[Law of the People's Republic of China]]
* ''[[Legal Daily]]''
* [[Legal history of China]]
* [[Legislative system of the People's Republic of China]]
* [[Ministry of Justice of the People's Republic of China]]
{{div col end}}

== References ==
=== Citations ===
{{Reflist}}

=== Sources ===
{{Wikiquote}}

* {{Country study|date=|country=China|abbr=cn}}
{{Clear}}
{{PRC courts |state = autocollapse }}
{{China topics |state = autocollapse }}
{{Judiciaries of Asia}}
{{China national security}}
{{China prisons}}

[[Category:Judiciary of China| ]]
[[Category:Government of the People's Republic of China]]
[[Category:Penal system in China]]
[[Category:Law of the People's Republic of China]]