Article 2 of the Organic Law of People's Republic of China (PRC) People's Courts (revised 20 18) stipulates that the people's courts are the judicial organs of the state.
By trying criminal cases, civil cases, administrative cases and other cases prescribed by law, people's courts punish crimes, protect innocent people from criminal investigation, resolve civil and administrative disputes, protect the legitimate rights and interests of individuals and organizations, supervise administrative organs to exercise their functions and powers according to law, safeguard the unity, dignity and authority of the national legal system, and ensure the smooth progress of Socialism with Chinese characteristics's construction.
Article 6 stipulates that the people's courts adhere to judicial justice, take facts as the basis, take the law as the criterion, abide by legal procedures, protect the litigation rights and other legitimate rights and interests of individuals and organizations according to law, and respect and protect human rights.
According to the provisions of the above-mentioned laws, the people's courts must abide by legal procedures in exercising judicial power and protect the legitimate rights and interests of both the original and the defendant. As a neutral judicial organ, it should not be preconceived when trying specific cases, but should listen to the statements or excuses of both parties. Therefore, the court will not provide legal advisory services.
Extended data:
Organic Law of People's Republic of China (PRC) People's Court (revised on 20 18)
Article 16
The Supreme People's Court has tried the following cases:
(a) cases of first instance that are under their own jurisdiction according to law and that they should be under their own jurisdiction;
(2) Cases of appeal or protest against the judgment or ruling of the Higher People's Court;
(3) Complaints and protests filed in accordance with the provisions of the NPC Standing Committee;
(4) retrial cases filed in accordance with the procedure of trial supervision;
(5) Death penalty cases submitted for approval by the Higher People's Court.
Article 17
Except for the death penalty pronounced in the Supreme People's Court according to law, it shall be reported to the Supreme People's Court for approval.
Article 18
The Supreme People's Court can explain the specific application of law in judicial work.
The Supreme People's Court can issue guiding cases.
Article 19
The Supreme People's Court can set up a circuit court to hear cases determined by the Supreme People's Court according to law.
The Circuit Court is an integral part of the Supreme People's Court. The judgments and rulings of the Circuit Court are those of the Supreme People's Court.
Article 20
The Higher People's Court includes:
(1) Provincial Higher People's Court;
(2) Higher People's Court of the Autonomous Region;
(3) Higher People's Courts of municipalities directly under the Central Government.
Article 21
The Higher People's Court hears the following cases:
(a) cases of first instance under the jurisdiction of the law;
(2) Cases of first instance brought before a lower people's court;
(3) Cases of first instance designated by the Supreme People's Court;
(4) Cases of appeal or protest against the judgment or ruling of the Intermediate People's Court; ?
(five) retrial cases filed in accordance with the procedure of trial supervision;
(6) Death penalty cases submitted for review by the Intermediate People's Court.
Article 22
Intermediate people's courts include:
(1) Intermediate People's Courts of provinces and autonomous regions;
(2) Intermediate People's Courts of municipalities directly under the Central Government;
(3) Intermediate People's Court of Autonomous Prefecture;
(4) Intermediate People's Courts established by provinces and autonomous regions.
Article 23
The Intermediate People's Court hears the following cases:
(a) cases of first instance under the jurisdiction of the law;
(2) Cases of first instance submitted to the basic people's court for trial;
(3) Cases of first instance under the jurisdiction designated by the people's court at a higher level;
(4) Cases of appeal or protest against the judgment or ruling of the basic people's court;
(5) retrial cases filed in accordance with the procedure of trial supervision.
Article 24
Grassroots people's courts include:
(1) People's courts of counties and autonomous counties;
(2) A municipal people's court without districts;
(3) People's courts of municipal districts.
Article 25
Basic people's courts try cases of first instance, except as otherwise provided by law.
The basic people's courts provide professional guidance to the mediation work of the people's mediation committees.
References:
Baidu encyclopedia-court organization law