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Judicial system of China

The judiciary of the People's Republic of China (PRC), organized under the constitution and organic law, is one of five organs of state power elected by the National People's Congress (NPC). The PRC does not have judicial independence or judicial review as the courts do not have authority beyond what is granted to them by the NPC under a system of unified power. The Chinese Communist Party's Central Political and Legal Affairs Commission maintains effective control over the court system and its personnel. Hong Kong and Macau have separate court systems in accordance with the "one country, two systems" doctrine.

According to the Constitution of the People's Republic of China of 1982 and the Organic Law of the People's Courts that went into effect on January 1, 1980, the Chinese courts are divided into a four-level court system (Supreme, High, Intermediate and Primary):

Candidates for judgeship must pass the National Unified Legal Professional Qualification Examination.[citation needed] All lawyers must take an oath pledging loyalty to the Chinese Communist Party.

The court system is paralleled by a hierarchy of prosecuting offices called people's procuratorates, the highest being the Supreme People's Procuratorate.[citation needed]

Local departments of justice can revoke the license of lawyers. This power is used to target lawyers who challenge the authority of the state, particularly human rights lawyers.

The Supreme Court is responsible for establishing and monitoring legal procedures in adherence to the laws and orders made by the legislative organs.[citation needed]

Following civil law traditions, the courts do not establish legally-binding precedent. The Supreme Court has the right to publish legal explanations of laws which are legally-binding but the right to interpret the constitution is reserved by the legislative organs.[citation needed] A verdict made by an inferior court can be challenged in its superior court, up to the Supreme Court, there are four levels of courts in total. A superior court can also designate any of its inferior courts to hear an appeal rather than do so itself.[citation needed]

Court proceedings in China are generally livestreamed, with exceptions including where classified information is discussed or where juveniles testify.

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