|Help

The Chinese Judicial System - WAMR 2006 Vol. 17, No. 4

Author(s): 
Yao Ling
Page Count: 
14 pages
Media Description: 
PDF from World Arbitration and Mediation Report (WAMR) 2006 Vol. 17, No. 4
Published: 
April, 2006
Jurisdictions: 
China
Practice Areas: 
Arbitral Adjudication,
Court Decisions,
Jurisdiction and Powers of the Courts in Matters of Arbitration Generally,
Dispute Resolution & Litigation
Author Detail: 
Ling Yao, LLM, Associate Professor, Lawyer, former assistant-dean of Law School of Zhongnan University of Economic and Law (China), now she is visiting at Faculty of Law of Mcgill University as a visiting scholar (2 years). Her research fields are Civil Procedure Law and ADR.

PDF166.18 KB

$40.00
Description: 
Preview Page
National Reports
The Chinese Judicial System
by Professor Yao Ling∗
a. A Definition
China’s judicial system only refers to the People’s Court
system. According to Criminal Procedure Law of the People’s
Republic of China (PRC), during a criminal proceeding, the
People’s Court, the People’s Procurator, and public security
organization perform their respective tasks in complete
cooperation. The People’s Procurator and public security
organization both execute judicial power, although their judicial
functions are limited to a relatively narrow scope. Thus, China’s
judicial system is comprised of three parts: the People’s Court
system, the People’s Procurator system, and the public security
system.
The judicial administrative organization is in charge of
administrative affairs. The prison system is subject to the judicial
administrative organization. The special organizations of lawyers,
notaries, People’s mediation, and arbitration are all directed by the
administrative organization.
b. The Judicial Procedural System
In China, procedural law consists of three codes—the
Criminal Procedure Code, the Civil Procedure Code, and the
Administrative Procedure Code. The codes correspond to the three
main aspects of the Chinese judicial system:
(1) The Civil Judicial System—which involves notaries,
mediation, lawyers, arbitration, adjudication, and implementation
regarding civil and economic disputes or civil and commercial
cases.
(2) The Criminal Judicial System—which involves investigations,
public prosecution, adjudication, lawyers, and prisons regarding