Art. 126 & 128 show the provisions of Judicial Independence of China
Constitution of the People's Republic of China
(Full text after amendment on March 14, 2004)
Chapter III The Structure of the State
Section 7 The People's Courts and the People's Procuratorates
Article 123 The people’s courts of the People’s Republic of China are the judicial organs of the State.
Article 124 The People’s Republic of China establishes the Supreme People’s Court and the people’s courts at various local levels, military courts and other special people’s courts.
The term of office of the President of the Supreme People’s Court is the same as that of the National People’s Congress. The President shall serve no more than two consecutive terms.
The organization of the people’s courts is prescribed by law.
Article 125 Except in special circumstances as specified by law, all cases in the people’s courts are heard in public. The accused has the right to defence.
Article 126 The people’s courts exercise judicial power independently, in accordance with the provisions of law, and not subject to interference by any administrative organ, public organization or individual.
Article 127 The Supreme People’s Court is the highest judicial organ.
The Supreme People’s Court supervises the administration of justice by the people’s courts at various local levels and by the special people’s courts. People’s courts at higher levels supervise the administration of justice by those at lower levels.
Article 128 The Supreme People’s Court is responsible to the National People’s Congress and its Standing Committee. Local people’s courts at various levels are responsible to the organs of state power which created them.
Article 129 The people’s procuratorates of the People’s Republic of China are State organs for legal supervision.
Article 130 The People’s Republic of China establishes the Supreme People’s Procuratorate and the people’s procuratorates at various local levels, military procuratorates and other special people’s procuratorates.
The term of office of the Procurator-General of the Supreme People’s Procuratorate is the same as that of the National People’s Congress; the Procurator-General shall serve no more than two consecutive terms.
The organization of the people’s procuratorates is prescribed by law.
Article 131 The people’s procuratorates exercise procuratorial power independently, in accordance with the provisions of law, and not subject to interference by any administrative organ, public organization or individual.
Article 132 The Supreme People’s Procuratorate is the highest procuratorial organ.
The Supreme People’s Procuratorate directs the work of the people’s procuratorates at various local levels and of the special people’s procuratorates. People’s procuratorates at higher levels direct the work of those at lower levels.
Article 133 The Supreme People’s Procuratorate is responsible to the National People’s Congress and its Standing Committee. People’s procuratorates at various local levels are responsible to the organs of state power which created them and to the people’s procuratorates at higher levels.
Article 134 Citizens of all China’s nationalities have the right to use their native spoken and written languages in court proceedings. The people’s courts and people’s procuratorates should provide translation for any party to the court proceedings who is not familiar with the spoken or written languages commonly used in the locality.
In an area where people of a minority nationality live in a concentrated community or where a number of nationalities live together, court hearings should be conducted in the language or languages commonly used in the locality; indictments, judgments, notices and other documents should be written, according to actual needs, in the language or languages commonly used in the locality.
Article 135 The people’s courts, the people’s procuratorates and the public security organs shall, in handling criminal cases, divide their functions, each taking responsibility for its own work, and they shall coordinate their efforts and check each other to ensure the correct and effective enforcement of law.
