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The Primary People''s Courts are established in counties, autonomous counties, and cities (at county level). These courts handle all criminal cases of first instance, except those that fall within the jurisdiction of the higher level courts.
The Structure of the Court System in China:
2. Judges
Appointments and Qualifications. The president of the Supreme People''s Court is elected or removed by the National People''s Congress. At the recommendation of the president of the Supreme People''s Court, the vice-presidents, members of Judicial Committee and judges of the Supreme People''s Court are appointed or removed by the Standing Committee of the National People''s Congress. The presidents of local people''s courts are elected or removed by the local people''s congress at different levels.
Judges are elected with the following qualifications:
1) A citizen of the People''s Republic of China; 2) At least 23 years of age; 3) Supports the Constitution of the People''s Republic of China; 4) In good political, professional and moral standing; 5) In good health; and 6) A graduate of law school from an university or a non-law graduate from an university with in-depth knowledge of law, with two years of legal working experience.
Those that have been penalized for crimes or have been dismissed from their public offices shall not be elected judges.
PROSECUTORIAL AND JUDICIAL PROCESS
1. Rights of the Accused
Rights of the accused. In addition to exercising the right to defend themselves, defendants may also authorize the following people to defend them: a) lawyers; b) citizens recommended by a people''s organization or the defender''s unit, or who are authorized by the people''s court; or c) close relatives or guardians of the defendant. The accused also has the right of knowing the nature of the accusation, the right to participate in proceedings in his or her native spoken and written language, to apply for new expert evaluation or inspection during the courtroom hearing, the right to request the chief judge to ask certain questions to witnesses, the right to make a final statement after the chief judge has announced the closing of the debate, the right to raise a counterclaim against the private prosecutor in a case of private prosecution and the right to request that members of the judicial panel, the court clerk, the public prosecutor, expert witness or interpreters withdraw from the case.
In cases where the public prosecutor appears in court to bring a public prosecution and the defendant has not authorized anyone to be his or her defender, the people''s court may designate a defender. If the defendant is deaf, mute, or a minor and has not authorized a defender, the people''s court shall designates a defender. During the adjudication process, the defendant may refuse to have a defender continue and authorize another defender instead.
The accused also has the right to appeal, the right to petition judgments or orders, which have become legally effective, to the people''s courts or the people''s procuratorates.
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