English Big5 Simplified Language Map

 Main Index


 Preamble
 Chapter One
 Chapter Two
 Chapter Three:
 Section I
 Section II
 Section III
 Section IV
 Section V
 Section VI
 Section VII
 Chapter Four
 Amendments

 

    CHAPTER THREE - THE STRUCTURE OF THE STATE

    SECTION VII - THE PEOPLE'S COURTS AND THE PEOPLE'S PROCURATORATES

    Article 123

    The people's courts of the People's Republic of China are the judicial organs of the state.

    Article 124

    The People's Republic of China establishes the Supreme People's Court and the people's courts at various local levels, military courts and other special people's courts.

    The term of office of the President of the Supreme People's Court is the same as that of the National People's Congress. The President shall serve no more than two consecutive terms.

    The organization of the people's courts is prescribed by law.

    Article 125

    Except in special circumstances as specified by law, all cases in the people's courts are heard in public. The accused has the right to defense.

    Article 126

    The people's courts exercise judicial power independently, in accordance with the provisions of the law, and are not subject to interference by any administrative organ, public organization or individual.

    Article 127

    The Supreme People's Court is the highest judicial organ.

    The Supreme People's Court supervises the administration of justice by the people's courts at various local levels and by the special people's courts. People's courts at higher levels supervise the administration of justice by those at lower levels.

    Article 128

    The Supreme People's Court is responsible to the National People's Congress and its Standing Committee. Local people's courts at various levels are responsible to the organs of the state power which created them.

    Article 129

    The people's procuratorates of the People's Republic of China are state organs for legal supervision.

    Article 130

    The People's Republic of China establishes the Supreme People's Procuratorate and the people's procuratorates at various levels, military procuratortates and other special people's procuratorates.

    The term of office of the Procurator General of the Supreme People's Procuratorate is the same as that of the National People's Congress; the Procurator General shall serve no more than two consecutive terms.

    The organization of the people's procuratorates is prescribed by law.

    Article 131

    The people's procuratorates exercise procuratorial power independently, in accordance with the provisions of the law, and are not subject to interference by any administrative organ, public organization or individual.

    Article 132

    The Supreme People's Procuratorate is the highest procuratorial organ.

    The Supreme People's Procuratorate directs the work of the people's procuratorates at various local levels and of the special people's procuratorates at various local levels. People's procuratorates at higher levels direct the work of those at lower levels.

    Article 133

    The Supreme People's Procuratorate is responsible to the National People's Congress and its Standing Committee. People's procuratorates at various levels are responsible to the organs of state power which created them and to the people's procuratorates at higher levels.

    Article 134

    Citizens of all nationalities have the right to use the spoken and written languages of their own nationalities in court proceedings. The people's courts and people's procuratorates should provide translation for any party to the court proceedings who is not familiar with the spoken or written languages commonly used in the locality.

    In an area where people of a minority nationality live in a concentrated community or where a number of nationalities live together, court hearings should be conducted in the language or languages commonly used in the locality; indictments, judgments, notices and other documents should be written, according to actual needs, in the language or languages commonly used in the locality.

    Article 135

    The people's courts, the people's procuratorates and the public security organs shall, in handling criminal cases, divide their functions, each taking responsibility for its own work, and they shall coordinate their efforts and check each other to ensure the correct and effective enforcement of the law.