The people’s courts are judicial organs exercising judicial power on behalf of the states. According to the Constitution and the Organic Law of the People’s Courts of 1979 as amended in 1983, China practices a system of courts characterized by ” four levels and two instance of trials”.
What was the role of the judges?
Judges provide instructions to juries prior to their deliberations and in the case of bench trials, judges must decide the facts of the case and make a ruling. Additionally, judges are also responsible for sentencing convicted criminal defendants. Most cases are heard and settled by a jury.
What is China’s judicial system like?
There is no independent judiciary in China. The courts are regarded as weak and subordinate to the Communist Party and the National People’s Congress. Chinese justice is not based on the idea of innocent until proven guilty. For the most part one is guilty until proven innocent.
What are judges called in China?
Supreme People’s Court
|Supreme People’s Court of the People’s Republic of China 中华人民共和国最高人民法院 Zhōnghuá Rénmín Gònghéguó Zuìgāo Rénmín Fǎyuàn|
|Judge term length||5 years|
|President and Chief Justice|
What is the role of the judge explain with examples?
To conduct the trial impartially and in an open court. To look at all the evidence and hear witnesses presented by the prosecution and the defence. To decide whether the accused is guilty or innocent on the basis of the evidence presented to him and in accordance with the law.
What is the role of judges in civil cases?
The judge ensures that all parties involved are given the opportunity to have their case presented and considered as fully and fairly as possible. During the case the judge will ask questions on any point he or she feels needs clarification.
Who controls Chinese judiciary?
The judicial branch, organized under the constitution and law, is one of five organs of power elected by the People’s Congress, in the People’s Republic of China.
How judges are appointed in China?
The People’s Courts of the People’s Republic of China are the judicial organs of the state. Judge selection: The chief justice is appointed by the National People’s Congress. Other justices and judges are nominated by the chief justice and are then appointed by the Standing Committee of the NPC.
How do you become a judge in China?
The Judges Law 《法官法》, revised in 2001, now requires judicial candidates to have a law degree or to have passed the state judicial examination. To become a judge of the SPC, one must now have at least an undergraduate degree in law and a minimum of three years of legal professional experience. (See Judges Law, art. 9.)
What is China called today?
The official name of the modern state is the “People’s Republic of China” (simplified Chinese: 中华人民共和国; traditional Chinese: 中華人民共和國; pinyin: Zhōnghuá Rénmín Gònghéguó).
Does China have court?
China’s judicial system is made up of many sub-systems. But the most frequently mentioned parts are the people’s court system, the people’s procuratorate system, and the public security system. The people’s courts are judicial organs exercising judicial power on behalf of the state.
How are judges removed in China?
The vice-presidents, members of the judicial committee, chief judges and associate chief judges of divisions and judges shall be appointed or removed by the Standing Committee of the National People’s Congress upon the recommendation of the President of the Supreme People’s Court.
What is the role of a judge in making criminal law?
The judge plays an active role during the trial, controlling the way the case is conducted in accordance with relevant law and practice. As the case progresses the judge makes notes of the evidence and decides on legal issues, for example, whether evidence is admissible.