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Decision of the Standing Committee of the National People's Congress Regarding the Revision of the Law of the People's Republic of China on the Organization of the People's Courts (1983) [Effective]
全国人大常委会关于修改《中华人民共和国人民法院组织法》的决定(1983) [现行有效]
【法宝引证码】
 
  
Order of the President of the People's Republic of China

(No. 5)

The Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on the Organization of the People's Courts, as adopted at the Second Session of the Sixth Standing Committee of the National People's Congress of the People's Republic of China on September 2, 1983, is hereby issued for implementation.

President of the People's Republic of China: Li Xiannian

September 2, 1983

Decision of the Standing Committee of the National People's Congress Regarding the Revision of the Law of the People's Republic of China on the Organization of the People's Courts
(Adopted at the Second Meeting of the Standing Committee of the Sixth National People's Congress on September 2, 1983)
The Second Meeting of the Standing Committee of the Sixth National People's Congress decides to make the following amendments to the Law of the People's Republic of China on the Organization of the People's Courts :

  
1. Item (2), Paragraph 1 of Article 2, which reads, " special people's courts; and " is amended as: " military courts and other special people's courts; and. "
Delete Paragraph 3 of Article 2, which reads, " The special people's courts shall include military courts, railway transport courts, water transport courts, forest affairs courts and other special courts. "
 

全国人民代表大会常务委员会关于修改《中华人民共和国人民法院组织法》的决定
(一九八三年九月二日第六届全国人民代表大会常务委员会
第六届全国人民代表大会常务委员会第二次会议决定对《中华人民共和国人民法院组织法》作如下修改:

2. Article 4, which reads, " The people's courts shall administer justice independently, subject only to the law," is amended: " The people's courts shall exercise judicial power independently, in accordance with the provisions of the law, and shall not be subject to interference by any administrative organ, public organization or individual. "
  一、第二条第一款第二项“专门人民法院”修改为“军事法院等专门人民法院”。
删去第三款“专门人民法院包括:军事法院、铁路运输法院、水上运输法院、森林法院、其他专门法院。”
3. Delete Article 9 , which reads, " The people's courts shall adopt a system of people's assessors in all cases of first instance, with the exception of simple civil cases, minor criminal cases and cases otherwise provided for by law. "
Paragraph 2 of Article 10, which reads, " Cases of first instance in the people's courts shall be tried by a collegial panel of judges and people's assessors, with the exception of simple civil cases, minor criminal cases and cases otherwise provided for by law." is amended as: " Cases of first instance in the people's courts shall be tried by a collegial panel of judges or of judges and people's assessors; simple civil cases, minor criminal cases and cases otherwise provided for by law may be tried by a single judge alone."
  二、第四条“人民法院独立进行审判,只服从法律。”修改为:“人民法院依照法律规定独立行使审判权,不受行政机关、社会团体和个的的干涉。”
4. Article 13, which reads, " Cases involving death sentences shall be tried or approved by the Supreme People's Court. The procedure for review of death sentences shall comply with the provisions of CHAPTER IV, Part Three of the Criminal Procedure Law of the People's Republic of China." is amended as: " Cases involving sentences of death, except for those cases where the sentences are imposed by the Supreme People's Court, shall be submitted to the Supreme People's Court for approval. The Supreme People's Court may, when it deems it necessary, authorize higher people's courts of provinces, autonomous regions, and municipalities directly under the Central Government to exercise the power to approve cases involving the imposition of death sentences for homicide, rape, robbery, causing explosions and others gravely endangering public security and disrupting social order."
  三、删去第九条“人民法院审判第一审案件实行人民陪审员陪审的制度,但是简单的民事案件、轻微的刑事案件和法律另有规定的案件除外。”
第十条第二款“人民法院审判第一审案件,由审判员和人民陪审员组成合议庭进行,但是简单的民事案件、轻微的刑事案件和法律另有规定的案件除外。”修改为:“人民法院审判第一审案件,由审判员组成合议庭或者由审判员和人民陪审员组成合议庭进行;简单的民事案件、轻微的刑事案件和法律另有规定的案件,可以由审判员一人独任审判。”
5. Delete Paragraph 3 of Article 17, which reads, " The judicial administrative work of the people's courts at various levels shall be directed by the judicial administrative organs."
  四、第十三条“死刑案件由最高人民法院判决或者核准。死刑案件的复核程序按照中华人民共和国刑事诉讼法第三编第四章的规定办理。”修改为:“死刑案件除由最高人民法院判决的以外,应当报请最高人民法院核准。杀人、强奸、抢劫、爆炸以及其他严重危害公共安全和社会治安判处死刑的案件的核准权 , 最高人民法院在必要的时候,得授权省、自治区、直辖市的高级人民法院行使。”
6. Paragraph 2 of Article 19, which reads, " A basic people's court may set up a criminal division and a civil division, each with a chief judge and associate chief judges " is amended as: " A basic people's court may set up a criminal division, a civil division and an economic division, each with a chief judge and associate chief judges."
  五、删去第十七条第三款“各级人民法院的司法行政工作由司法行政机关管理。”
7. Item (2) of Article 22, which reads, " to direct the work of people's mediation committees and judicial assistants of people's communes, and " is amended as: " to direct the work of people's mediation committees."
Delete Item (3), which reads, " Control judicial administrative work within the scope of the functions and powers authorized by higher judicial administrative organs."
  六、第十九条第二款“基层人民法院可以设刑事审判庭和民事审判庭,庭设庭长、副庭长。”修改为:”基层人民法院可以设刑事审判庭、民事审判庭和经济审判庭,庭设庭长、副庭长。”
8. Paragraph 2 of Article 24, which reads, " Each intermediate people's court shall set up a criminal division and a civil division, and such other divisions as are deemed necessary." is amended as: " Each intermediate people's court shall set up a criminal division, a civil division and an economic division, and such other divisions as are deemed necessary."
Delete Paragraph 3, which reads, " Each intermediate people's court of a municipality directly under the Central Government and each intermediate people's court of a municipality under the jurisdiction of a province or autonomous region shall set up an economic division."
  七、第二十二条第二项“指导人民调解委员会和人民公社司法助理员的工作;”修改为:“指导人民调解委员会的工作。”
删去第三项“在上级司法行政机关授予的职权范围内管理司法行政工作。”
9. A second paragraph is added to Article 34, which reads: " Judicial personnel of people's courts must have an adequate knowledge of law."
  八、第二十四条第二款“中级人民法院设刑事审判庭、民事审判庭,根据需要可以设其他审判庭。”修改为:“中级人民法院设刑事审判庭、民事审判庭、经济审判庭,根据需要可以设其他审判庭。”
删去第三款“直辖市的中级人民法院和省、自治区辖的市中级人民法院应设经济审判庭。”
10. Paragraph 1 of Article 37, which reads, " People's courts at all levels may, according to their needs, be staffed with assistant judges, who shall be appointed or removed by the judicial administrative organs." is amended as: " People's courts at all levels may, according to their needs, be staffed with assistant judges, who shall be appointed or removed by the people's courts themselves."
  九、第三十四条增加一款,作为第二款:“人民法院的审判人员必须具有法律专业知识。”
11. Delete Article 42, which reads, " The establishment of people's courts at all levels and their authorized number of personnel and administrative offices shall be separately stipulated by the judicial administrative organs."

  十、第三十七条第一款“各级人民法院按照需要可以设助理审判员,由司法行政机关任免。”修改为:“各级人民法院按照需要可以设助理审判员,由本级人民法院任免。”
  十一、删去第四十二条“各级人民法院的设置、人员编制和办公机构由司法行政机关另行规定。”

     
     
【法宝引证码】        北大法宝www.lawinfochina.com
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