individual judges. Nevertheless, successive CCP directives are clear that the Party retains leadership
over the legal system. The Party asserts its influence through appointments, Party committees and
policy guidance (2019 Party regulations on political-legal work) as well as institutional arrangements,
notably judicial adjudication committees. The priority for the Party is ‘stability maintenance’, ensuring
not only public order, but also respect for the institutions of the Party-state.
Judicial adjudication committees (shenpan weiyuanhui), usually comprising the court president, vice
presidents and senior judges, have been a major topic of debate among Chinese legal scholars
discussing the idea of a fair trial. The committees, which exist at each of the four levels of the court
system to discuss important and difficult cases, exemplify the way Chinese courts decide matters
institutionally. They are criticised for their lack of transparency and Party links.
Public Hearings and Transparency
The principle of a public hearing is established in the Chinese Constitution and criminal procedure law.
The law also provides for exceptions in cases involving state secrets, juvenile defendants and
individual privacy. National security concerns are very broadly conceived and the police have the
power to determine whether a case involves state secrets. Information on scheduled court
proceedings is supposed to be available to the public, but prospective observers are usually required
to register and obtain an observer pass, allowing officials to act as gatekeepers to the courts. Although
non-Chinese citizens have the right to attend trials, in practice foreigners rarely gain access, except by
special arrangement.
National security concerns are very broadly conceived and the police have the
power to determine whether a case involves state secrets.
In 2013, the Supreme People’s Court (SPC) launched its online judgements database (see Additional
Resources). This has become a valuable resource for researchers, although many Chinese and overseas
legal scholars have criticised the database for its “missing cases”. The 2018 Opinion on Judicial
Transparency sets out broad areas where courts should release information, but also provides for
situations where the release of information is not permitted or “unsuitable for being made public”.
One poorly understood category of secret information is trial work secrets which likely include the
discussions of judicial adjudication.
Court Decision-Making
China’s courts are organised hierarchically and geographically, by province, under the Supreme
People’s Court. Capital crime cases are not heard at the lowest level of basic people’s courts. Where
the procuratorate determines that a case may result in a life sentence or the death penalty, the case
will be indicted in the intermediate people’s court. Both the defence and the prosecution may appeal
decisions of the first instance court to the higher court, located at the provincial level. The decision of
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