The Supreme People's Court is the highest judicial organ in
China. The term of office of the President of the Supreme
People's Court is five years, the same as that of the National People's
Congress. The President shall serve no more than two consecutive
terms.
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. 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.
The President of the Supreme People's Court is Xiao Yang.
People's Courts
The people's courts are judicial organs of the state. In
accordance with the Constitution and other laws, only the people's courts have
the judicial power, and other organs, social organizations or individuals have
no such power.
Although people's courts at various levels have different
status, functions and powers, their basic functions and powers are almost the
same. The people's courts in China conduct
trials of civil cases, economic cases, administrative cases and maritime cases,
and through trials punish those criminals, settle civil disputes, economic
disputes and administrative disputes in order to protect state property and
legitimate property and other rights of citizens.
The system of people's courts in China consists
of the Supreme People's Court, the local people's courts at different levels and
the special people's courts. The local people's courts consist of the High
People's Courts, the Intermediate People's Courts and the Primary People's
Courts.
The people's courts try all cases publicly, except those
involving state secrets, individual privacy or minors. The accused has the right
to defense. Besides the right to defend himself/herself, he or she may also be
represented by a lawyer or ask near relatives or guardians to defend
him/her.