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Principles for the Work of the SPC

1. The principle of equality. All citizens are equal before the law, so are all the ethnic groups. No privilege or discrimination is allowed in the application of law.

2. The principle of open trials. All cases tried by the people’s courts should be conducted openly except those involving state secrets, individual’s privacy or offenses committed by minors.

3. The principle of defense. The accused is entitled to the right of defense by appointing others or him or her self to defend oneself in the establishment of facts and evidence.

4. The system of collegiate panels. When trying first-hearing cases, the SPC shall conduct the trial with a panel consisting of one to three judges and two to four People’s Assessors. The trial of cases of appeals shall be conducted with a panel of three to five judges. The panel should be presided over by a judge appointed by the court president or the presiding judge of the tribunal. All members of the panel enjoy the same rights.

5. The system of challenge. Litigants have the right to request judicial officers to withdraw from the cases because of their conflict of interest or other special relationship with these cases. The right of deciding the withdraw lies with the president of the court. On the other hand, if judicial officers believe they have conflict of interest or other special relationship with the cases which make their withdrawal from the trial necessary, they shall report to the court president.

6. The principle of independence in trials. People’s courts enjoy the right of independence in conducting trials according to law. They shall be free from interferences of administrative organs, social organizations and individuals.

(China.org.cn May 20, 2003)

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