Do Chinese courts have a jury?

There is no jury in China, instead, there are people’s assessors. In particular cases, people’s assessors and judges will form a collegial panel to hear cases together. According to China’s Civil Procedure Law (CPL), the people’s assessors have equal rights and obligations as judges.

How are criminal trials conducted in China?

Trials are conducted by the inquisitorial system, in which both judges and assessors play an active part in the questioning of all witnesses. (This contrasts with the adversarial system, in which the judge is meant to be an impartial referee between two contending attorneys.)

How does the Chinese justice system work?

There is no independent judiciary in China. The courts are regarded as weak and subordinate to the Communist Party and the National People’s Congress. Chinese justice is not based on the idea of innocent until proven guilty. For the most part one is guilty until proven innocent.

How many judges serve in the highest court in China?

400 judges
According to the Chinese constitution, the Supreme People’s Court is accountable to the National People’s Congress, which prevents the court from functioning separately and independently of the governmental structure. The court has about 400 judges and more than 600 administrative personnel.

How judges are appointed in China?

The People’s Courts of the People’s Republic of China are the judicial organs of the state. Judge selection: The chief justice is appointed by the National People’s Congress. Other justices and judges are nominated by the chief justice and are then appointed by the Standing Committee of the NPC.

How do trials work in China?

According to law, each case shall have at most two trials, which means that litigants to a case and their legal representatives who challenge the judgments made by a local court in the trial of first instance have the right to appeal the case to the next higher level court only once.

Which country has no jury?

Russia has a civil law system that rarely uses juries for either criminal or civil trials. Indonesia has a civil law system that never uses juries.

Does the accused have the right to a trial in China?

The right to a fair trial is a growing international standard that protects defendant rights before, during, and after trial. Despite significant changes to China’s Criminal Procedure Law and Criminal Law, China presently fails to comply with the standard.

Can a case be tried by a judge instead of jury?

Even though the criminal justice system guarantees defendants the right to a trial by a jury, some opt to have their case decided by a judge instead. A bench trial — a case tried to a judge instead of a jury — is decidedly less dramatic and may be advantageous in certain circumstances.

Is there a jury trial in China?

Trials in China are still ordinarily juryless. Jury trials are quite rare occurrences. Civil and criminal trials of first instance are entirely conducted and adjudicated with one judge, who provides both the verdict, judgment and sentencing. Since 2005, a jury trial is available upon request by the litigants (civil trials).

How is an appeal heard in China?

Like most countries around the world, appeals cases in China are heard only by judges, with no jury. If a jury trial is needed, a judge and two jurors would sit in a three-person ‘collegial’ panel to decide on the criminal or civil case.

Is a bench trial better than a jury trial?

A bench trial — a case tried to a judge instead of a jury — is decidedly less dramatic and may be advantageous in certain circumstances. In 2016, for example, three Baltimore police officers arrested in the death of Freddie Gray opted for a bench trial rather than a jury trial. All three were acquitted.