According to the current Constitution and the Law on the Organization of People's Courts, these courts are the main trial organ. Organizationally, this court system consists of local courts, special courts and the Supreme Court, with the first two categories subject to the supervision of the latter. Local courts are established in accordance with administrative divisions, while special courts are set up where necessary.

Local courts are divided into three levels: Grassroots, Intermediate and Higher.

The Supreme People's Court is the highest judicial organ in China and is responsible to the National People's Congress and its Standing Committee.

It independently exercises the highest judicial right under the law and without any interference from administrative organs, social organizations or individuals. Its structure comprises a judicial committee and courts-the No. 1 Criminal Tribunal, the No. 2 Criminal Tribunal, the Civil Tribunal, the Economic Tribunal, the Administrative Tribunal, the Complaint and Appeal Tribunal and the Communication and Transportation Tribunal.

The Functions and Rights of the Supreme People's Court (SPC)?

1. Conducting trials of the following cases: first-phase cases placed under the SPC's jurisdiction by law and regulation and those the SPC deems within its jurisdiction; appeals or protests against trial decisions or verdicts of the higher people's courts and special people's courts; appeals against court judgments lodged by the Supreme People's Procuratorate according to trial supervision procedures.

2. Giving approval to death sentences. The SPC may, when necessary, delegate the right of approval of death sentences in cases of murder, rape, looting, destruction with explosives and other cases that severely endanger and harm public security and social order.

3. Supervising trials by local people's courts and special people's courts at different levels.

4. On discovering mistakes in the rulings and verdicts of local people's courts already being legally enforced, conducting questioning or appointing a lower level court to conduct a rehearing.

5. Giving approval to verdicts on crimes not specifically stipulated in the criminal law.

6. Offering explanations of the concrete application of laws during the trial process.

Source: china.org.cn