Print
Email Article
Favorite Font
Size:
1. Open Trials, Article 125 of the Constitution provides that open trials mean that all cases tried by courts should be conducted openly unless otherwise provided for by the law. 2. Defense System, the Constitution and the law on the organization of courts provide that the accused is entitled to the right to a proper defense. 3. Second Instance Being Final, Article 12 of the Law on the Organization of People's Courts states that the courts have to try cases on two levels, with the second instance being the final judgment. 4. System of Collegiate Panels, Article 10 of the Law on the Organization of People's Court provides that courts shall practice a system of collegiate panels when trying cases. 5. Challenge System, the challenge system refers to a system in which judicial officers shall or are required to withdraw from the cases because of their special relationship with these cases or litigants, which may undermine the impartiality of the judgment. 6. System for Verification of Death Penalty Cases, this system refers to the procedures and rules that have to be observed in verifying death penalty cases. 7. System for Judicial Supervision, also known as the re-examination system, this refers to a special arrangement for the court to reexamine judgments and rulings that have already taken effect. 8. System of Judicial Assistance, this refers to a practice whereby the judicial authorities of a country (usually courts), in accordance with international treaties or bilateral/multilateral agreements (or the principle of reciprocity in the absence of a treaty), perform the judicial procedures at the request of another country's judicial authorities or parties to a lawsuit.
1. Open Trials
Article 125 of the Constitution provides that open trials mean that all cases tried by courts should be conducted openly unless otherwise provided for by the law. Even cases that are not tried openly should be publicized when the verdict is passed. "Open" means the entire process should be open to public auditing and to the press. For cases that, by law, should be open to the public, the court should announce before the trial opens the outline of the case, the name of the litigant, the time and the place of the trial.
Article 7 of the Law on the Organization of People's Courts provides that the following three types of cases are not open to the public:
• Cases involving state secrets;
• Cases involving personal privacy;
• Cases involving crimes committed by minors.
In addition, in accordance with provisions of civil procedure law, cases involving divorce and trade secrets may, upon request by litigants, not be open to the public.
2. Defense System
The Constitution and the law on the organization of courts provide that the accused is entitled to the right to a proper defense. The law on criminal procedure further provides that the courts have the obligation to ensure that the accused obtains defense, and sets forth specific procedures that any suspects or accused may, in addition to exercising the right to defend themselves, appoint one or two representatives to defend them. Those eligible to defend the accused include:
• Lawyers;
• Persons recommended by people's organizations or the employer of the suspect or the accused;
• The custodian or relative of the suspect or the accused.
However, those that are currently serving a sentence or those that have been deprived of, or are restricted in personal freedom should not represent the suspect or the accused.