Page 14 - 2017 Policy Watch
P. 14
icy Watch: The Circuit Courts of the Supreme People’s Court
OCiprceuraittiCnogurMtsechanisms of the
committees, enforcement, etc. and their practices cover all The judicial mechanism of the circuit courts differs
types of cases to be tried by the circuit courts and conform from that of other courts. In other courts, the presidents
to the needs of trial work. and chief judges “only review cases and do not handle
cases”, and the judgments, rulings or decisions made by
All Chief Judges of the Third, Fourth, Fifth and Sixth judges shall be directly filed with the chief judges and
Circuit Courts, newly established in 2016, are held by deputy chief judges for issuance.
the Deputy President of the Supreme People’s Court
concurrently while the Deputy Chief Judges are from the Article 10 of the Provisions clearly states that the circuit
current deputy chief judges of the various divisions of the courts implement case-handling accountability system by
Supreme People’s Court. The current Deputy Chief Judge of trial judges and the collegial bench. The collegial bench
the Third Circuit Court Yu Zhengping was once the Deputy of a circuit court shall consist of trial judges, that is to say,
Chief Judge of the Second Circuit Court. Since the Third, the circuit courts set no fixed collegial bench and no fixed
Fourth, Fifth and Sixth Circuit Courts have only recently position of presiding judge, each judge is equal and can act
been founded at the end of December 2016, the CVs of as the presiding judge, and all the judges of the collegial
other trial judges have not yet been published. bench are trial judges. According to the current practical
experience of the First and Second Circuit Courts, the
See Appendix for the Introduction of the Chief circuit courts follow this policy.
Judges, Deputy Chief Judges and Trial Judges of the
various Circuit Courts. The Provisions also makes it clear that the chief judges
and deputy chief judges of circuit courts shall participate
in the collegial bench to try cases directly. The chief
judges or deputy chief judges of the circuit courts shall
serve as the presiding judge when they participate in the
collegial bench to try a case. Besides, the judgments or
rulings rendered by the circuit courts shall be issued by
the presiding judge after the members of the collegial
bench affix their signatures to the judgments or rulings
rendered, and in principle, the chief judge or deputy
chief judge will no longer issue the judgments for the
cases where they have not participated in the trial.
Responsibility lies in presiding judges and trial judges. The
circuit courts implement the lifelong responsibility system
and the system of responsibility of tracking down and
accountability for wrong cases. Whoever handles a case
shall be responsible for the case and the responsibility for
judgment shall no longer be transferred to the chief judge
and deputy chief judge.
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OCiprceuraittiCnogurMtsechanisms of the
committees, enforcement, etc. and their practices cover all The judicial mechanism of the circuit courts differs
types of cases to be tried by the circuit courts and conform from that of other courts. In other courts, the presidents
to the needs of trial work. and chief judges “only review cases and do not handle
cases”, and the judgments, rulings or decisions made by
All Chief Judges of the Third, Fourth, Fifth and Sixth judges shall be directly filed with the chief judges and
Circuit Courts, newly established in 2016, are held by deputy chief judges for issuance.
the Deputy President of the Supreme People’s Court
concurrently while the Deputy Chief Judges are from the Article 10 of the Provisions clearly states that the circuit
current deputy chief judges of the various divisions of the courts implement case-handling accountability system by
Supreme People’s Court. The current Deputy Chief Judge of trial judges and the collegial bench. The collegial bench
the Third Circuit Court Yu Zhengping was once the Deputy of a circuit court shall consist of trial judges, that is to say,
Chief Judge of the Second Circuit Court. Since the Third, the circuit courts set no fixed collegial bench and no fixed
Fourth, Fifth and Sixth Circuit Courts have only recently position of presiding judge, each judge is equal and can act
been founded at the end of December 2016, the CVs of as the presiding judge, and all the judges of the collegial
other trial judges have not yet been published. bench are trial judges. According to the current practical
experience of the First and Second Circuit Courts, the
See Appendix for the Introduction of the Chief circuit courts follow this policy.
Judges, Deputy Chief Judges and Trial Judges of the
various Circuit Courts. The Provisions also makes it clear that the chief judges
and deputy chief judges of circuit courts shall participate
in the collegial bench to try cases directly. The chief
judges or deputy chief judges of the circuit courts shall
serve as the presiding judge when they participate in the
collegial bench to try a case. Besides, the judgments or
rulings rendered by the circuit courts shall be issued by
the presiding judge after the members of the collegial
bench affix their signatures to the judgments or rulings
rendered, and in principle, the chief judge or deputy
chief judge will no longer issue the judgments for the
cases where they have not participated in the trial.
Responsibility lies in presiding judges and trial judges. The
circuit courts implement the lifelong responsibility system
and the system of responsibility of tracking down and
accountability for wrong cases. Whoever handles a case
shall be responsible for the case and the responsibility for
judgment shall no longer be transferred to the chief judge
and deputy chief judge.
14
