In China, the judiciary is one of the three primary organs of government; it exercises judicial authority to apply the law. Courts in China function as a government agency under the legislature. The Supreme People’s Court is the highest court in the nation, and there are three levels of general subject matter local courts below it, along with specialized courts such as military courts. Provinces and home rule cities have a higher court of appeals, and below this are the lower courts of appeals and trial courts. Appeals courts are also empowered to hear trials.

Court trials are held publicly except where otherwise provided by law. Defendants have the right to defend themselves. Chinese organic law requires courts exercise judicial independence and must be free of interference by any administrative agency, private organization, or individual.

The Chinese court system hierarchy comprises four levels: Trial, Lower Appeals, Higher Appeals, and Supreme.

Specialized courts have been set up in fields such as military, maritime, and railroad transport to meet the challenges of ruling in those specializations.

Courts of all levels and specialties are subject to the singular governance of the Supreme People’s Court, which regularly issues rules and guidance to guide lower courts on how to rule on certain cases.

Comparative Law

The court system in China has four levels, compared to the three levels used in the United States court system. A significant difference in the Chinese system is that lower appeals courts can and do hear new trials. The Supreme Court in China is also subordinate directly to the legislature and issues rules on how courts should interpret cases when new laws are passed, typically before cases are heard, rather than applying the principle of stare decisis.

Translation Guide

See: 人民法院