DECISION OF THE STANDING COMMITTEE OF THE NATIONAL
PEOPLE'S CONGRESS REGARDING THE REVISION OF THE
ORGANIC LAW OF THE PEOPLE'S COURTS OF
THE PEOPLE'S REPUBLIC OF CHINA

 (Adopted at the Second Meeting of the Standing Committee of the Sixth National People's Congress
and promulgated for implementation by Order No.5 of the President of
the People's Republic of China on September 2, 1983)

SUBJECT: ORGANIC LAW

ISSUING-DEPT: STANDING COMMITTEE OF PEOPLE'S CONGRESS

ISSUE-DATE: 09/02/1983

IMPLEMENT-DATE: 09/02/1983

LENGTH: 817 words

TEXT:

The Second Meeting of the Standing Committee of the Sixth National People's Congress has decided to make the following amendments to the Organic Law of the People's Courts of the People's Republic of China:

(1) Item (2), Paragraph 1 of Article 2, which reads "special people's courts; and" is amended as "military courts and other special people's courts; and."

Delete Paragraph 3 of Article 2, which reads, "The special people's courts shall include military courts, railway transport courts, water transport courts, forest affairs courts and other special courts."

(2) Article 4, which reads, "The people's courts shall administer justice independently, subject only to the law," is amended as: "The people's courts shall exercise judicial power independently, in accordance with the provisions of the law, and shall not be subject to interference by any administrative organ, public organization or individual."

(3) Delete Article 9, which reads, "The people's courts shall adopt a system of people's assessors in all cases of first instance, with the exception of simple civil cases, minor criminal cases and cases otherwise provided for by law."

Paragraph 2 of Article 10, which reads, "Cases of first instance in the people's courts shall be tried by a collegial panel of judges and people's assessors, with the exception of simple civil cases, minor criminal cases and cases otherwise provided for by law," is amended as: "Cases of first instance in the people's courts shall be tried by a collegial panel of judges or of judges and people's assessors; simple civil cases, minor criminal cases and cases otherwise provided for by law may be tried by a single judge."

(4) Article 13, which reads, "Cases involving death sentences shall be tried or approved by the Supreme People's Court.  The procedure for review of death sentences shall comply with the provisions of Chapter IV, Part Three of the Criminal Procedure Law of the People's Republic of China," is amended as: "Cases involving sentences of death, except for those cases where the sentences are imposed by the Supreme People's Court, shall be submitted to the Supreme People's Court for approval.  The Supreme People's Court may, when it deems it necessary, authorize higher people's courts of provinces, autonomous regions, and municipalities direcly under the Central Government to exercise the power to approve cases involving the imposition of death sentences for homicide, rape, robbery, causing explosions and others gravely endangering public security and disrupting social order."

(5) Delete Paragraph 3 of Article 17, which reads, "The judicial administrative work of the people's courts at various levels shall be directed by the judicial administrative organs."

(6) Paragraph 2 of Article 19, which reads, "A basic people's court may set up a criminal division and a civil division, each with a chief judge and associate chief judges," is amended as: "a basic people's court may set up a criminal division, a civil division and an economic division, each with a chief judge and associate chief judges."

(7) Item (2) of Article 22, which reads, "to direct the work of people's mediation committees and judicial assistants of people's communes, and," is amended as: "to direct the work of people's mediation committees."

Delete Item (3), which reads, "Control judicial administrative work within the scope of the functions and powers authorized by higher judicial administrative organs."

(8) Paragraph 2 of Article 24, which reads, "Each intermediate people's court shall set up a criminal division and a civil division, and such other divisions as are deemed necessary," is amended as: "Each intermediate people's court shall set up a criminal division, a civil division and an economic division, and such other divisions as are deemed necessary."

Delete Paragraph 3, which reads, "Each intermediate people's court of a municipality directly under the Central Government and each intermediate people's court of a municipality under the jurisdiction of a province or autonomous region shall set up an economic division."

(9) A second paragraph is added to Article 34, which reads, "Judicial personnel of people's courts must have an adequate knowledge of the law."

(10) Paragraph 1 of Article 37, which reads, "People's courts at all levels may, according to their needs, be staffed with assistant judges, who shall be appointed or removed by the judicial administrative organs," is amended as: "People's courts at all levels may, according to their needs, be staffed with assistant judges, who shall be appointed or removed by the people's courts themselves."

(11) Delete Article 42, which reads, "The establishment of people's courts at all levels and their authorized number of personnel and administrative offices shall be separately stipulated by the judicial administrative organs."