Only simple civil cases, minor criminal cases and cases otherwise stipulated by law can be tried by a judge alone. Judges are solely responsible for hearing cases, and sole judges are responsible for ascertaining the facts of cases and applying laws. People's courts should strengthen internal supervision. If there are illegal cases in judicial activities, they should be investigated and verified in time and dealt with according to the law and regulations. Simple civil cases, minor criminal cases and cases otherwise stipulated by law may be tried by a single judge; The people's court shall try cases of appeal and protest by a collegial panel of judges; The collegial panel shall be presided over by a judge appointed by the president or the president. When the president or the presiding judge participates in the trial of a case, he shall personally serve as the presiding judge. The Supreme People's Court supervises the trial work of local people's courts at all levels and special people's courts, and the people's courts at higher levels supervise the trial work of people's courts at lower levels. The Supreme People's Court can explain the specific application of law in the trial work, and the Supreme People's Court can issue guiding cases.
What is the ordinary procedure of criminal cases?
1. Cases transferred for review and prosecution shall be accepted by the backstage.
2. The undertaker shall conduct acceptance review within the time limit stipulated in the case acceptance. Upon examination, the undertaker shall hand over the case to the back office in time, and fill in the Registration Form for Accepting, Examining and Prosecuting Cases on the same day and report it to the department head.
3, after accepting the case, generally in accordance with the provisions of the original division of labor in a timely manner to the undertaker, under special circumstances, the attorney general designated the undertaker of the case. The case undertaker shall, within the prescribed time limit from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender, and at the same time inform him of his financial difficulties, and may apply for legal aid from a legal aid institution.
4. The case undertaker shall inform the victims and their legal representatives or their close relatives, the parties involved in incidental civil litigation and their legal representatives that they have the right to entrust an agent ad litem within a specified period of time from the date when the public prosecution department receives the case materials transferred for review and prosecution, and shall also inform them that if they are in financial difficulties, they may apply for legal aid from legal aid institutions.
5. The case undertaker shall review the test paper and make a record of the test paper. The scoring record shall extract the main evidence to prove the facts of the case.
6. When examining a case, the case undertaker shall interrogate the criminal suspect and listen to the opinions of the victim, the criminal suspect and the person entrusted by the victim.
7. In the process of case review and prosecution, if the case undertaker thinks it is necessary to arrest the criminal suspect, he shall put forward his opinions. After the approval of the department head, he shall make an opinion on arresting the criminal suspect and transfer it to the investigation and supervision department of our hospital for review together with the case materials.
8. If the public security organ and the investigation department of our hospital think that the criminal facts are unclear, the evidence is insufficient, or the suspects in the same case are omitted, and they think that supplementary investigation is needed, they shall put forward specific written opinions and return them to the public security organ or the self-investigation department of our hospital for supplementary investigation together with the case file materials.
9. After the case review is completed, the case undertaker shall make a report on the end of the case review, and put forward opinions on the facts, evidence, characterization, prosecution or non-prosecution of the case and whether it is necessary to file an incidental civil lawsuit.
10. If summary procedure is suggested, the case undertaker shall make a proposal for summary procedure, which shall be transferred to the people's court together with the indictment, the whole case file and the evidence materials when public prosecution is initiated.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 39 The people's court shall try civil cases of first instance and be composed of judges, jurors or judges. The number of members of the collegial panel must be odd. Civil cases that are tried by summary procedure shall be tried by a single judge. Jurors enjoy the same rights and obligations as judges when performing their duties as jurors.