The Chinese Court System: People’s Courts, Judicial Hierarchy, Jurisdiction, and the Administration of Civil and Commercial Justice

The Chinese Court System: People’s Courts, Judicial Hierarchy, Jurisdiction, and the Administration of Civil and Commercial Justice

Introduction

The people’s courts of the People’s Republic of China form the country’s judicial system and are responsible for adjudicating civil, commercial, criminal and administrative cases. They also perform functions relating to the enforcement of judgments, the recognition of certain foreign judgments and arbitral awards, and the development of judicial practice through the interpretation and application of legislation.

The Chinese court system is organised around a four-level hierarchy consisting of primary, intermediate, high and supreme people’s courts. Alongside these ordinary territorial courts, China has established specialised people’s courts that deal with particular categories of disputes, including maritime, intellectual property, financial and military matters.

The Supreme People’s Court (SPC) occupies the highest position in this structure. It supervises the adjudicative work of lower courts, hears cases within its statutory jurisdiction and issues judicial interpretations concerning the application of legislation. However, it is important to understand that China’s judicial system is not organised in precisely the same way as the courts of countries such as the United States, Germany or the United Kingdom. Its constitutional position, institutional relationships and mechanisms of judicial supervision reflect the distinctive structure of the Chinese state.

Civil and commercial justice is particularly significant because it provides the institutional framework for resolving disputes involving contracts, companies, property, intellectual property, financial transactions, family relationships, tort liability and other private legal matters. The principal procedural legislation is the Civil Procedure Law of the People’s Republic of China, most recently amended in 2023, with the amendments taking effect on 1 January 2024. Substantive rights and obligations are principally governed by legislation such as the Civil Code, the Company Law and other sector-specific statutes.

For foreign individuals and enterprises, understanding the Chinese court system is important when entering commercial agreements, investing in China, acquiring property interests, employing personnel, protecting intellectual property or resolving disputes with Chinese counterparties. The choice of court, the existence of an arbitration agreement, the location of assets and the rules governing foreign-related jurisdiction may all influence the available legal procedures.

This article examines the organisation, jurisdiction and operation of the Chinese people’s courts, with particular attention to civil and commercial adjudication.

1. Constitutional and Legal Foundations of the People’s Courts

1.1 The constitutional status of the judiciary

The Constitution of the People’s Republic of China establishes people’s courts as the adjudicative organs of the state.

Articles 128–134 provide the principal constitutional framework for the courts and people’s procuratorates. Article 128 identifies people’s courts as state adjudicative organs, while Article 129 provides for the establishment of the Supreme People’s Court, local people’s courts at various levels and special people’s courts.

Article 131 states that people’s courts independently exercise adjudicative power in accordance with the law and are not subject to interference by administrative organs, social organisations or individuals.

This constitutional principle is important, but it should be understood within the broader institutional structure of the People’s Republic of China. The Constitution also establishes the leadership of the Communist Party of China as a defining feature of the state system. Consequently, the formal independence of adjudication from administrative interference does not mean that the Chinese judiciary operates within a conventional model of complete institutional separation between the judiciary and political authority.

The courts are state institutions operating within the constitutional and political framework of the People’s Republic of China.

1.2 The Organic Law of the People’s Courts

The Organic Law of the People’s Courts regulates the organisation, functions, powers and personnel of the people’s courts.

It establishes the basic categories of courts, defines their institutional responsibilities and provides rules concerning adjudication, judicial personnel, judicial accountability and supporting institutions.

The law recognises three principal categories:

1. The Supreme People’s Court.
2. Local people’s courts at various levels.
3. Special people’s courts.

Local people’s courts are further divided into primary, intermediate and high people’s courts.

The Organic Law also recognises the judicial accountability system, under which judges and adjudication bodies bear responsibility for the cases they hear and the legal conclusions they reach. This system forms part of the broader institutional reforms intended to clarify judicial responsibilities and improve the administration of justice.

1.3 The Civil Procedure Law

The Civil Procedure Law is the principal procedural statute governing civil litigation.

It regulates the commencement of proceedings, jurisdiction, parties, evidence, trial procedures, appeals, judicial mediation, preservation measures, enforcement and foreign-related civil litigation.

The law applies to civil litigation involving disputes over property and personal relationships between citizens, legal persons and other organisations.

Its 2023 revision was particularly significant for international litigation. The amendments, effective from 1 January 2024, expanded and clarified aspects of foreign-related jurisdiction, service of judicial documents, recognition and enforcement of foreign judgments and the procedural treatment of disputes with international connections.

The Civil Procedure Law must be read together with the relevant judicial interpretations issued by the Supreme People’s Court. These interpretations clarify the practical application of procedural legislation and provide detailed rules for courts and litigants.

1.4 Other important legal sources

Civil and commercial adjudication is also governed by several substantive and procedural statutes, including:

• The Civil Code of the People’s Republic of China.
• The Company Law.
• The Arbitration Law.
• The Administrative Litigation Law.
• The Law on the Application of Laws to Foreign-Related Civil Relations.
• The Special Maritime Procedure Law.
• Legislation concerning intellectual property.
• Legislation regulating insolvency and enterprise bankruptcy.

The Supreme People’s Court also issues judicial interpretations concerning the application of these laws.

The resulting legal framework combines legislation adopted by the National People’s Congress and its Standing Committee with judicial interpretations and other legally recognised normative instruments.

2. The Four-Level Structure of the People’s Courts

China’s ordinary court system is based on four principal levels. These courts are organised according to territorial and administrative divisions, although their judicial jurisdiction does not always correspond exactly to the administrative boundaries of local government.

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2.1 Primary people’s courts

Primary people’s courts are the basic courts within the ordinary judicial hierarchy.

They are generally established at county, autonomous county, county-level city and municipal district level. Their precise territorial organisation depends on the administrative structure and judicial arrangements in the relevant area.

Primary courts handle a substantial proportion of ordinary civil and commercial disputes. Their jurisdiction commonly includes:

• Contractual disputes.
• Ordinary property disputes.
• Personal injury claims.
• Family and inheritance matters.
• Employment-related civil disputes.
• Many disputes involving small and medium-sized enterprises.
• Certain intellectual property disputes.
• Other civil matters not assigned by law to a higher or specialised court.

They also adjudicate criminal and administrative cases within their statutory jurisdiction.

Primary people’s courts may establish people’s tribunals to hear cases in particular localities. These tribunals are not independent courts at the same hierarchical level as primary courts. They are branches or judicial units operating under the authority of the primary people’s court.

Their role is particularly important in areas where geographical distance would otherwise make access to judicial institutions difficult.

2.2 Intermediate people’s courts

Intermediate people’s courts occupy the second level of the ordinary judicial hierarchy.

They are generally established in prefecture-level cities, autonomous prefectures and certain other administrative areas. Their organisation reflects the territorial and judicial structure of the relevant province or municipality.

They exercise both first-instance and appellate jurisdiction.

As courts of first instance, intermediate people’s courts hear categories of cases assigned to them by the Civil Procedure Law and relevant judicial interpretations. These may include significant civil and commercial disputes, cases involving foreign elements that meet the applicable jurisdictional criteria and cases assigned to them by the Supreme People’s Court.

They also hear appeals against first-instance judgments and rulings issued by primary people’s courts.

Intermediate courts therefore perform two important functions. They adjudicate disputes of greater significance or complexity and review decisions made by lower-level courts.

Their appellate function is central to the principle of the two-instance finality system, discussed below.

2.3 High people’s courts

High people’s courts operate at provincial level.

Each province, autonomous region and municipality directly under the Central Government has a high people’s court.

They exercise first-instance jurisdiction over civil cases having major impact within their territorial areas, where the law assigns the matter to them. They also hear appeals against judgments and rulings issued by intermediate people’s courts.

High people’s courts supervise the adjudicative work of lower people’s courts within their jurisdictions.

Their responsibilities include maintaining consistency in judicial practice, administering judicial supervision procedures, reviewing certain cases and performing functions assigned by national legislation and the Supreme People’s Court.

They also have important responsibilities in relation to the administration of the judiciary within their territories.

2.4 The Supreme People’s Court

The Supreme People’s Court is the highest adjudicative organ of the People’s Republic of China.

Its constitutional position is established by Article 132 of the Constitution. It oversees the adjudicative work of local people’s courts at all levels and of special people’s courts.

The SPC performs several functions:

• Hearing cases assigned to it by law.
• Hearing appeals and protests within its jurisdiction.
• Supervising lower courts.
• Issuing judicial interpretations.
• Providing guidance on judicial practice.
• Coordinating nationwide judicial administration within its statutory authority.
• Performing functions relating to enforcement and the recognition of foreign judgments and arbitral awards.

The SPC is not simply an appellate court for every dispute arising in China. Most civil and commercial cases begin in primary or intermediate courts and are appealed, where appropriate, to the next higher level.

The Supreme People’s Court generally deals with cases of particular legal, national or institutional significance, together with matters assigned to it under legislation and judicial interpretations.

Its judicial interpretations are especially important. They clarify how courts should apply national legislation and provide authoritative guidance on recurring legal questions.

3. Specialised People’s Courts

In addition to the ordinary territorial courts, China has established specialised people’s courts to adjudicate particular categories of disputes.

The Organic Law of the People’s Courts recognises special people’s courts as part of the national judicial system. Their establishment, organisation and jurisdiction are governed by legislation and decisions of the National People’s Congress Standing Committee.

Specialised courts are not simply departments within ordinary courts. They are judicial institutions with specific jurisdictional responsibilities.

3.1 Maritime courts

Maritime courts adjudicate disputes arising from maritime commerce, shipping, navigation and other legally defined maritime activities.

Their jurisdiction may include:

• Disputes concerning carriage of goods by sea.
• Ship collisions.
• Maritime insurance.
• Ship ownership and mortgages.
• Marine pollution.
• Port operations.
• Salvage and general average.
• Other maritime and admiralty matters.

China’s maritime courts are particularly important because of the country’s extensive international trade and shipping activity.

Their jurisdiction is governed by the relevant procedural legislation, judicial interpretations and the Special Maritime Procedure Law.

Maritime courts operate as specialised courts rather than ordinary courts organised exclusively according to administrative divisions. Their territorial and subject-matter jurisdiction is defined by the applicable legal framework.

3.2 Intellectual property courts

Intellectual property disputes can involve technically complex questions concerning patents, trademarks, copyright, trade secrets, technology licensing and unfair competition.

China has established specialised intellectual property courts and tribunals to deal with certain categories of these disputes.

The Beijing, Shanghai and Guangzhou Intellectual Property Courts are prominent examples. Other intermediate and primary courts also have designated intellectual property divisions or jurisdiction over specified categories of intellectual property cases.

The jurisdiction of these institutions is not identical. It depends on the type of intellectual property right, the nature of the dispute, the relevant administrative decision and the applicable jurisdictional rules.

The Supreme People’s Court also has an Intellectual Property Court, established to hear certain appeals and other cases involving specialised intellectual property matters.

This structure is intended to strengthen technical expertise and improve consistency in the adjudication of intellectual property disputes.

3.3 Financial courts

Financial courts are specialised judicial institutions dealing with designated financial disputes.

The Shanghai Financial Court, established in 2018, is a prominent example. It handles categories of financial civil, commercial and administrative disputes within its legally defined jurisdiction.

Financial litigation may involve securities, futures, financial products, banking, insurance, trusts and other regulated financial activities.

The creation of specialised financial courts reflects the complexity of modern financial transactions and the importance of developing judicial expertise in financial regulation and commercial disputes.

Their jurisdiction is determined by the relevant establishment decisions and judicial rules. Not every dispute involving a bank or financial institution automatically belongs before a financial court.

3.4 Military courts

Military courts form part of the specialised people’s court system and adjudicate cases within the military judicial framework.

Their jurisdiction is distinct from that of ordinary civil and commercial courts and is primarily associated with military-related legal matters.

The organisation and functions of military courts are determined by the applicable national legislation and institutional rules.

3.5 Other specialised judicial arrangements

China has also established specialised judicial institutions and tribunals for particular categories of disputes.

These include specialised environmental and resource-related adjudication arrangements, internet-related judicial institutions and international commercial dispute mechanisms.

Some operate as independent specialised courts, while others are divisions or tribunals within ordinary people’s courts.

The distinction is legally important. A specialised division within a people’s court does not necessarily constitute a separate court with independent institutional status.

4. The Supreme People’s Court and Judicial Supervision

4.1 The highest adjudicative authority

The Supreme People’s Court occupies the highest position in the judicial hierarchy.

Its decisions in cases within its jurisdiction are final under the ordinary appellate structure. It also exercises supervisory authority over lower courts.

Article 132 of the Constitution provides that the SPC oversees the adjudicative work of local people’s courts and special people’s courts. Higher-level courts similarly oversee the adjudicative work of lower-level courts.

This is a hierarchical supervisory relationship, but it should not be confused with the ordinary administrative supervision of local governments.

4.2 Judicial interpretations

One of the most important functions of the Supreme People’s Court is issuing judicial interpretations.

Judicial interpretations clarify the application of national laws in judicial proceedings. They address recurring procedural and substantive questions and help promote consistency across courts.

For example, the SPC has issued interpretations concerning:

• The application of the Civil Code.
• Contractual disputes.
• Company-related disputes.
• Evidence in civil litigation.
• Intellectual property.
• Enforcement proceedings.
• Foreign-related civil litigation.
• Arbitration-related judicial review.

Judicial interpretations are not equivalent to statutes enacted by the National People’s Congress. They operate within the legal framework established by national legislation and clarify how courts should apply the law.

They are nevertheless highly influential in the practical administration of justice.

4.3 Guiding cases and typical cases

The Supreme People’s Court also publishes guiding cases and typical cases.

Guiding cases are selected for their significance in illustrating the application of legal rules to particular circumstances. People’s courts are required to refer to guiding cases when adjudicating similar matters, subject to the applicable rules.

Typical cases are published to demonstrate judicial approaches and explain the application of legislation in practical disputes.

These mechanisms contribute to greater consistency in judicial reasoning, particularly in areas where statutory provisions require interpretation or where new commercial and technological developments create recurring legal questions.

However, China’s guiding-case system should not be equated with the doctrine of binding precedent found in common-law jurisdictions. National legislation and judicial interpretations remain central to the legal framework.

4.4 Judicial committees

People’s courts have judicial committees that perform functions defined by the Organic Law of the People’s Courts.

These committees discuss significant or difficult cases and matters relating to judicial work, within the statutory framework.

They are institutional bodies within the court system and should not be confused with external administrative authorities.

The relationship between judicial committees, individual judges and collegial panels forms part of China’s system of judicial accountability and case management.

4.5 Judicial accountability

Judicial accountability is a central element of modern court administration in China.

The system seeks to clarify responsibility for the factual findings and legal reasoning in individual cases. Judges and adjudication bodies are expected to assume responsibility for the cases they handle.

The reforms have aimed to reduce inappropriate interference in individual adjudication while strengthening responsibility for judicial decisions.

The practical operation of judicial accountability must be understood within the wider institutional and political context of the Chinese judiciary.

5. Jurisdiction of Chinese People’s Courts

Jurisdiction determines which court has legal authority to hear a particular dispute.

In China, jurisdiction is determined by several factors, including the level of the court, the territorial location of the dispute, the subject matter and, in some cases, the presence of foreign elements.

The Civil Procedure Law provides the principal rules governing civil jurisdiction.

5.1 Jurisdiction by court level

The allocation of cases between primary, intermediate, high and supreme people’s courts is commonly referred to as hierarchical jurisdiction.

As a general rule, primary people’s courts have jurisdiction over first-instance civil cases unless legislation provides otherwise.

Intermediate people’s courts hear categories of cases specified by law, including significant cases and certain foreign-related disputes. High people’s courts hear civil cases with major impact within their territories, while the Supreme People’s Court hears cases of major national significance and other cases assigned to it.

The applicable rules are developed through the Civil Procedure Law and judicial interpretations. The classification of a case may depend on its nature, complexity, value, geographical impact and other legally relevant factors.

It is therefore inaccurate to assume that every dispute involving a foreign company must automatically be heard by an intermediate court or that every high-value commercial dispute belongs before a high people’s court.

The relevant jurisdictional rules must be examined for the particular category of litigation.

5.2 Territorial jurisdiction

Territorial jurisdiction determines which court within the relevant hierarchical level may hear the case.

The general principle is that a civil action against an individual is brought before the court at the defendant’s domicile. Where the habitual residence differs from the registered domicile, the applicable rules may identify the habitual residence as the relevant location.

For legal persons and other organisations, the general rule refers to their domicile, subject to statutory exceptions.

Special territorial rules apply to certain disputes. For example:

• Contract disputes may be connected to the place of performance or other legally recognised locations.
• Tort claims may be brought before courts connected to the place of the tortious act or the resulting damage, where the law permits.
• Disputes involving immovable property generally fall within the jurisdiction of the court where the property is located.
• Inheritance disputes may be subject to special jurisdictional rules.
• Maritime disputes may be assigned to designated maritime courts.

The purpose of territorial jurisdiction is to allocate disputes to courts with an appropriate legal connection to the matter.

5.3 Exclusive jurisdiction

Certain disputes fall within exclusive jurisdiction rules. These rules restrict the ability of parties to choose another court by agreement.

Disputes concerning immovable property are a particularly important example. A dispute concerning rights in Chinese immovable property will generally be subject to the jurisdiction of the people’s court at the location of the property, in accordance with the applicable statutory rules.

Other categories of exclusive jurisdiction may concern specified corporate, intellectual property, port-operation and inheritance matters.

Exclusive jurisdiction is especially important in international contracts because an agreement choosing a foreign court cannot necessarily displace the mandatory jurisdiction of Chinese courts.

5.4 Agreed jurisdiction

The Civil Procedure Law permits parties to agree in writing on the court that will hear certain disputes, provided that the agreement complies with the statutory requirements.

In domestic civil and commercial disputes, the selected court must generally have a legally recognised connection with the dispute, such as the domicile of a party, the place of performance of a contract or the location of the subject matter.

The 2023 amendments expanded the framework for jurisdiction agreements in foreign-related civil disputes. Under the revised law, parties to a foreign-related civil dispute may agree in writing to submit the dispute to a people’s court, subject to the rules governing exclusive jurisdiction and other mandatory restrictions.

This development is relevant to international commercial contracting because it provides greater flexibility in selecting Chinese courts where the statutory conditions are met.

However, a jurisdiction clause should not be treated as automatically valid simply because it appears in a contract. Its wording, form, scope and relationship with mandatory jurisdiction rules must be examined.

5.5 Objections to jurisdiction

A defendant may challenge the jurisdiction of a people’s court within the period prescribed by the Civil Procedure Law.

The court examines whether it has legal authority to hear the dispute. If the objection is upheld, the case may be transferred or otherwise dealt with according to the applicable procedural rules.

A jurisdictional objection is separate from a defence on the substantive merits. A party may accept that a contractual obligation exists while still arguing that the particular court lacks jurisdiction.

For international commercial disputes, jurisdictional objections can be especially important where the parties have selected arbitration or a foreign court in their contract.

6. Civil and Commercial Jurisdiction

6.1 Civil disputes

Civil jurisdiction concerns disputes arising from personal and property relationships between individuals, legal persons and other organisations.

The range of matters is extensive and includes:

• Ownership and property rights.
• Contractual obligations.
• Family relationships.
• Marriage and divorce.
• Inheritance.
• Tort liability.
• Personal injury.
• Employment-related civil disputes.
• Consumer protection.
• Intellectual property.
• Unjust enrichment.
• Other private-law relationships.

The Civil Code provides the principal substantive framework for many of these matters, while the Civil Procedure Law regulates how disputes are brought before the courts.

6.2 Commercial disputes

Commercial disputes arise from business and economic relationships.

They may involve:

• Sale and supply contracts.
• Construction contracts.
• Distribution agreements.
• Agency and commission arrangements.
• Company formation and shareholder relationships.
• Corporate governance.
• Mergers and acquisitions.
• Financial transactions.
• Banking and insurance.
• Securities and investment products.
• Intellectual property licensing.
• Competition-related civil claims.
• Insolvency and bankruptcy.
• International trade.

The distinction between civil and commercial disputes is useful for describing subject matter, but it does not always correspond to a separate institutional court structure. Many commercial cases are heard by civil divisions of ordinary people’s courts or by specialised courts where the law assigns jurisdiction.

6.3 Company and shareholder disputes

Company disputes are an important category of commercial litigation.

They may concern:

• Shareholder rights.
• Capital contributions.
• Corporate resolutions.
• Directors’ duties.
• Share transfers.
• Profit distributions.
• Corporate control.
• Company dissolution.
• Liability of controlling shareholders.
• Disputes arising from mergers or restructuring.

The Company Law and the Civil Code provide substantive rules, while the Civil Procedure Law governs the proceedings.

The court with jurisdiction depends on the type of dispute, the relevant company, the location and any special statutory rules.

6.4 Contract disputes

Contract litigation is among the most common forms of civil and commercial adjudication.

A court may be required to determine whether a valid contract exists, how its terms should be interpreted, whether a party has performed its obligations, whether a breach occurred and what remedies are available.

Possible remedies include continued performance, damages, compensation, termination or other relief recognised by law.

The Civil Code contains the principal rules on contract formation, performance, modification, termination and liability for breach.

The court’s task is to apply those substantive rules to the evidence and legal arguments presented by the parties.

6.5 Property and real estate disputes

Property disputes may concern ownership, land-use rights, housing, construction, leases, mortgages, registration and other interests in immovable property.

The Civil Code and relevant land and real estate legislation provide the substantive legal framework.

Territorial jurisdiction is especially important in these cases. Disputes concerning immovable property generally fall within the jurisdiction of the court at the location of the property, subject to the applicable statutory rules.

For foreign individuals and businesses, property litigation may also raise questions concerning foreign ownership restrictions, the legal status of land-use rights and the registration of property interests.

6.6 Intellectual property disputes

Intellectual property litigation may involve patents, trademarks, copyright, software, trade secrets and unfair competition.

The appropriate court depends on the nature of the intellectual property right and the category of dispute.

Some cases fall within the jurisdiction of specialised intellectual property courts, while others are heard by designated divisions of ordinary people’s courts.

The Supreme People’s Court also has a specialised intellectual property appellate structure.

For businesses operating in China, the ability to protect intellectual property through judicial proceedings is an important part of the commercial legal environment.

7. The Administration of Civil and Commercial Proceedings

7.1 Commencing a civil action

Civil litigation generally begins when a claimant files a statement of claim with a competent people’s court.

The claim should identify the parties, state the relief sought and set out the relevant factual and legal grounds.

The court examines whether the statutory conditions for accepting the action are satisfied. These generally include the existence of an identifiable claimant, a sufficiently clear defendant, a specific claim and a dispute falling within the court’s civil jurisdiction.

The filing and acceptance of a case are governed by the Civil Procedure Law and relevant judicial interpretations.

Modern court administration also uses electronic filing and online case-management systems in appropriate circumstances.

7.2 Case registration and filing

China has developed a case-filing registration system intended to facilitate access to the courts and regulate the acceptance of cases.

The system requires courts to examine whether the legal conditions for filing are satisfied rather than exercising unrestricted discretion over whether a dispute should be accepted.

However, acceptance does not mean that the claimant will succeed. The merits of the dispute are examined through the subsequent judicial proceedings.

A case may ultimately be dismissed or decided against the claimant if the legal and evidentiary requirements are not met.

7.3 Service of judicial documents

The court must serve relevant procedural documents on the parties.

Service may involve direct delivery, postal methods, electronic service where legally permitted and other statutory methods.

Foreign-related cases may require additional procedures, particularly where a party is located outside mainland China.

International service may involve applicable treaties, diplomatic channels or other legally recognised methods. The 2023 amendments to the Civil Procedure Law also addressed aspects of service and procedural arrangements in foreign-related litigation.

Service is important because procedural time limits, including those for submitting a defence or filing an appeal, may depend on the date and method of service.

7.4 Evidence and the burden of proof

Civil litigation is generally based on the evidence submitted by the parties and the court’s assessment of that evidence.

Evidence may include:

• Documentary materials.
• Physical objects.
• Electronic data.
• Witness testimony.
• Expert opinions.
• Audio-visual materials.
• Statements of the parties.
• Inspection and examination records.

The general principle is that the party asserting a fact bears the burden of proving it, unless legislation or judicial interpretation provides otherwise.

The court evaluates the evidence according to the applicable procedural rules and the relevant standards of proof.

Electronic evidence is increasingly important in commercial litigation. Contracts, emails, electronic payment records, platform transactions and business communications may all become relevant to the resolution of a dispute.

7.5 Interim preservation measures

Chinese civil procedure recognises preservation measures intended to prevent a party from frustrating the effectiveness of future judicial relief.

Property preservation may be used to prevent assets from being transferred, concealed or otherwise made unavailable for enforcement.

Evidence preservation may protect evidence that is at risk of being destroyed, lost or becoming difficult to obtain.

Conduct preservation may be used to prevent specified conduct that could cause harm or undermine the effectiveness of the proceedings.

Applications are subject to statutory conditions and procedural safeguards. Courts may require security, depending on the nature of the measure and the applicable legal provisions.

These mechanisms can be particularly important in commercial disputes involving valuable assets, intellectual property or urgent business interests.

7.6 Hearings and trial proceedings

Civil cases are heard by a single judge or a collegial panel, depending on the applicable procedural rules.

A collegial panel generally consists of an odd number of members, normally judges and, where permitted, people’s assessors.

The court examines the parties’ claims and defences, reviews the evidence and applies the relevant legal rules.

The parties may present arguments, challenge evidence and exercise their procedural rights in accordance with the law.

The principle of public hearings applies generally, subject to statutory exceptions, including cases involving state secrets, personal privacy and other protected interests.

7.7 People’s assessors

People’s assessors may participate in the adjudication of civil and other cases under the applicable legislation.

They are not professional judges in the ordinary sense. Their participation is intended to introduce a form of public involvement into judicial proceedings.

The People’s Assessors Law regulates their selection, appointment, rights, duties and participation in adjudication.

The precise composition of a trial panel depends on the category of case and the applicable procedural rules.

8. Mediation and Alternative Dispute Resolution

8.1 Judicial mediation

Mediation has an important role in Chinese civil justice.

Courts may encourage parties to resolve disputes through mediation, provided that the process is voluntary and lawful.

Judicial mediation can take place before or during proceedings, depending on the circumstances.

If the parties reach an agreement and the court confirms it in accordance with the applicable procedure, the resulting mediation document may have legal effect and be enforceable.

Mediation is particularly common in certain family, neighbourhood, employment-related and commercial disputes.

However, mediation should not be understood as a substitute for adjudication in every case. If the parties cannot reach an agreement, the court may proceed to determine the dispute through a judgment.

8.2 People’s mediation

People’s mediation operates outside the ordinary court structure and is based on community-level dispute resolution.

It is governed principally by the People’s Mediation Law.

People’s mediation committees assist parties in resolving disputes through voluntary agreement. Their work may concern family matters, neighbourhood disagreements, small commercial disputes and other civil conflicts.

A mediation agreement may be subject to judicial confirmation under the applicable statutory procedure, allowing it to obtain enforceable legal effect.

8.3 Commercial arbitration

Commercial arbitration is an important alternative to litigation.

The Arbitration Law provides the legal framework for arbitration in China. Parties may agree to submit certain contractual and other property-related disputes to an arbitral institution rather than a people’s court.

A valid arbitration agreement generally requires the parties’ consent and compliance with statutory requirements.

Where a valid arbitration agreement covers the dispute, a people’s court will generally decline to hear the merits of a claim that falls within the agreement, subject to the relevant procedural rules and exceptions.

Arbitration is particularly significant in international commercial transactions because parties may prefer a specialised arbitral forum or a neutral dispute-resolution mechanism.

The relationship between arbitration and court proceedings remains important. People’s courts may assist with preservation measures, review specified arbitration-related matters and enforce or set aside arbitral awards in accordance with law.

9. Appeals and the Two-Instance Finality System

9.1 The basic principle

China’s ordinary civil litigation system follows the principle commonly described as the two-instance finality system.

A civil case is generally heard at first instance by a court with jurisdiction. A party dissatisfied with the judgment may appeal to the next higher court within the statutory period.

The appellate court examines the case and issues a second-instance judgment or ruling. That decision is generally final under the ordinary appellate structure.

This system is different from legal systems in which a case may proceed through several ordinary appellate levels as a matter of right.

9.2 Appeals against first-instance judgments

A party may appeal a first-instance judgment within the time limit prescribed by the Civil Procedure Law.

For ordinary domestic civil proceedings, the general period for appealing a judgment is 15 days from the date of service. Different periods may apply to rulings and to foreign-related proceedings.

The appellate court reviews the case within the scope and according to the procedures established by law. It may affirm the original decision, amend it, reverse it or remit the matter for retrial where the statutory conditions are satisfied.

9.3 Second-instance proceedings

The second-instance court generally examines the relevant facts, evidence and legal issues raised by the appeal, together with other matters that must be considered under the procedural framework.

The court may conduct a hearing or use another procedure where permitted by law.

Its judgment or ruling ordinarily becomes final and legally effective under the two-instance system.

9.4 Retrial and adjudication supervision

The finality of a second-instance judgment does not mean that every legally effective judgment is immune from further review.

Chinese law provides adjudication supervision procedures through which certain legally effective judgments and rulings may be reconsidered where statutory grounds exist.

A party may apply for retrial in accordance with the Civil Procedure Law. People’s procuratorates also have legal supervision functions and may lodge protests or make other statutory applications in specified circumstances.

The adjudication supervision procedure is not simply another ordinary appeal. It is an exceptional mechanism intended to address serious errors or other legally recognised grounds for reopening proceedings.

10. Enforcement of Civil and Commercial Judgments

10.1 The importance of enforcement

A court judgment has practical value only if it can be implemented.

The Civil Procedure Law provides mechanisms for enforcing legally effective judgments, rulings and other enforceable instruments.

Where a losing party fails to comply voluntarily, the successful party may apply to the competent people’s court for compulsory enforcement.

Enforcement proceedings may concern the payment of money, transfer of property, performance of specified obligations or other remedies recognised by law.

10.2 Enforcement measures

Depending on the circumstances and statutory requirements, courts may use measures such as:

• Freezing bank accounts.
• Seizing or attaching assets.
• Auctioning or selling property.
• Deducting funds from accounts.
• Restricting certain transactions.
• Requiring disclosure of assets.
• Taking other legally authorised enforcement steps.

The precise measure depends on the nature of the judgment and the assets available for enforcement.

10.3 Failure to comply with judgments

A person or organisation that refuses to comply with a legally effective judgment may face enforcement measures and other legal consequences.

Chinese law also provides mechanisms for addressing dishonest conduct in enforcement proceedings, including the use of lists of persons subject to enforcement restrictions where statutory conditions are satisfied.

The enforcement system is an important part of the administration of civil and commercial justice because it connects judicial decisions with actual legal and economic consequences.

10.4 Enforcement and foreign assets

Where the assets of the judgment debtor are located outside China, enforcement may require recognition and enforcement proceedings in the foreign jurisdiction.

The successful party may need to rely on an applicable international treaty, reciprocity or the domestic law of the country where the assets are located.

Similarly, enforcement of a foreign judgment in China requires compliance with the Chinese legal framework governing recognition and enforcement.

11. Foreign-Related Civil and Commercial Litigation

11.1 What constitutes a foreign-related civil case?

Foreign-related civil litigation includes disputes with legally relevant connections outside mainland China.

These connections may arise where:

• One or more parties are foreign nationals.
• A party is a foreign enterprise or organisation.
• A party has habitual residence outside China.
• The subject matter is located abroad.
• Relevant legal facts occurred outside China.
• Other circumstances create a foreign element under the applicable law.

Cases involving Hong Kong, Macao and Taiwan may also be subject to special procedural rules and judicial arrangements, although they should not automatically be equated with ordinary international foreign-related disputes.

11.2 Litigation rights of foreign parties

The Civil Procedure Law recognises the litigation rights of foreign individuals, enterprises and organisations appearing before Chinese people’s courts.

The general principle is that foreign parties have the same litigation rights and obligations as Chinese citizens, legal persons and other organisations, subject to the applicable statutory rules.

The principle of reciprocity may also be relevant where foreign jurisdictions restrict the procedural rights of Chinese parties.

Foreign litigants must nevertheless comply with Chinese procedural requirements when proceedings take place before Chinese courts.

11.3 International jurisdiction

The 2023 amendments to the Civil Procedure Law strengthened and expanded the provisions governing foreign-related jurisdiction.

Chinese courts may exercise jurisdiction where the dispute has an appropriate connection with China, as defined by the applicable legislation.

Relevant connections may include the place of performance of a contract, the location of property, the place where a tort occurred or other legally recognised links.

The amendments also addressed jurisdiction agreements and certain circumstances involving parallel proceedings in Chinese and foreign courts.

These rules are important for international commercial contracts because they determine when Chinese courts may hear disputes involving foreign parties or overseas transactions.

11.4 Exclusive jurisdiction and immovable property

Certain disputes remain subject to exclusive Chinese jurisdiction.

Disputes concerning immovable property located in China are particularly important. A foreign court-selection clause cannot automatically displace the mandatory jurisdiction rules applicable to disputes involving Chinese immovable property.

Other categories of exclusive jurisdiction may concern corporate establishment and dissolution, certain intellectual property rights and specified contractual matters.

The precise scope of exclusive jurisdiction must be assessed under the Civil Procedure Law and relevant judicial interpretations.

11.5 Recognition and enforcement of foreign judgments

Foreign judgments may be recognised and enforced in China where the statutory conditions are satisfied.

The Civil Procedure Law provides for recognition and enforcement based on applicable international treaties or the principle of reciprocity.

The court examines the foreign judgment and the relevant legal conditions before deciding whether recognition or enforcement is appropriate.

Relevant considerations include the jurisdiction of the foreign court, the finality and legal effect of the judgment, procedural fairness and the statutory grounds for refusing recognition.

The 2023 amendments developed the rules concerning foreign judgments and international judicial cooperation.

For foreign businesses, this is a particularly important area because obtaining a judgment abroad and enforcing it against assets in China are separate legal questions.

11.6 Service of documents and participation in proceedings

Foreign-related proceedings may involve difficulties concerning the service of judicial documents, the participation of overseas parties, the translation of evidence and the authentication of documents.

The Civil Procedure Law provides specific rules for service in foreign-related cases.

International treaties and other applicable legal arrangements may also affect the procedure.

Foreign parties should pay particular attention to procedural deadlines and formal requirements. A document that is acceptable in one jurisdiction may require translation, authentication or another form of verification before it can be used in Chinese proceedings.

11.7 Legal representation

Foreign individuals and companies may participate in proceedings before Chinese courts through representatives authorised under the applicable procedural rules.

The rules governing the appearance of foreign lawyers are different from those governing Chinese lawyers.

A foreign lawyer is not automatically authorised to practise Chinese law or act as a Chinese-law advocate before a people’s court merely because the lawyer is qualified in another jurisdiction.

Foreign parties commonly engage lawyers qualified to practise in China for proceedings involving Chinese law and local court procedures.

12. International Commercial Courts and Cross-Border Dispute Resolution

12.1 The China International Commercial Court

The Supreme People’s Court established the China International Commercial Court (CICC) as part of its institutional framework for resolving international commercial disputes.

The CICC is designed to deal with certain significant international commercial cases within the jurisdiction assigned to it.

It forms part of the Supreme People’s Court rather than constituting an independent international tribunal outside the Chinese judicial system.

Its jurisdiction and procedures are determined by the relevant legislation and SPC rules.

12.2 The one-stop dispute resolution mechanism

The CICC has developed a mechanism integrating litigation with other forms of commercial dispute resolution, including mediation and arbitration-related arrangements.

The purpose is to provide a coordinated framework for resolving certain international commercial disputes.

This mechanism reflects the broader development of institutional arrangements for international commercial dispute resolution in China.

It does not mean that every foreign-related commercial dispute may automatically be submitted to the CICC. The case must fall within its legally defined jurisdiction.

12.3 International commercial mediation

International commercial mediation can be used to resolve disputes through negotiated settlement.

The Supreme People’s Court has developed arrangements for incorporating recognised mediation institutions into its one-stop dispute resolution mechanism.

Where a mediation agreement is reached, the parties may seek the legal treatment available under the applicable procedural rules.

The relationship between mediation, arbitration and litigation is therefore an important feature of China’s evolving international commercial dispute-resolution framework.

12.4 The practical significance for foreign businesses

The availability of specialised international commercial procedures may be relevant to companies engaged in cross-border trade, investment, construction, technology and other commercial activities.

However, parties should distinguish between the existence of a specialised mechanism and the jurisdictional requirements for using it.

The choice of dispute-resolution forum should be considered when negotiating contracts, particularly where the parties, performance, assets and relevant legal relationships are located in different jurisdictions.

13. The Role of the People’s Procuratorates in Civil Justice

Although people’s procuratorates are not courts, they have an important role in the Chinese judicial system.

The Constitution recognises them as state organs responsible for legal supervision.

In civil proceedings, people’s procuratorates may exercise statutory supervision over judicial activities and may initiate or support certain procedures where the legal conditions are satisfied.

Their functions include supervision of specified civil adjudicative and enforcement activities and the use of procuratorial recommendations or protests in accordance with law.

This role distinguishes the Chinese system from legal systems in which public prosecutors are concerned almost exclusively with criminal proceedings.

The procuratorates do not ordinarily replace the parties in civil litigation. Their participation is based on specific statutory powers and public-interest or legal-supervision functions.

14. Judicial Independence, Political Leadership and Institutional Structure

14.1 Constitutional independence in adjudication

Article 131 of the Constitution provides that people’s courts independently exercise adjudicative power in accordance with law and are not subject to interference by administrative organs, social organisations or individuals.

This principle protects the formal adjudicative function from direct interference by external administrative actors.

The Organic Law of the People’s Courts similarly recognises the courts’ responsibility to adjudicate according to law and to protect the legitimate rights and interests of individuals and organisations.

14.2 The broader political framework

The judiciary operates within the constitutional and political structure of the People’s Republic of China.

The leadership of the Communist Party is a fundamental constitutional principle, and Party organisations operate within the judicial system.

The relationship between Party leadership and judicial institutions is therefore part of the institutional context in which the courts function.

A legal analysis should distinguish between the formal constitutional provisions governing adjudication and the broader political organisation of the state. Neither dimension should be ignored when describing the Chinese judicial system.

14.3 Courts and administrative organs

People’s courts are distinct from local people’s governments and administrative departments.

Administrative organs exercise executive and regulatory authority. Courts adjudicate disputes and perform judicial functions.

The distinction is particularly important in administrative litigation, where an individual or organisation may challenge an administrative act before a people’s court.

The fact that courts are integrated into a wider political and institutional structure does not make them ordinary administrative departments.

15. Digitalisation and Modern Court Administration

15.1 Online litigation

Chinese courts have developed digital systems for case filing, document submission, hearings and case management.

Online litigation has become an important part of modern judicial administration, particularly for disputes where electronic procedures are suitable.

The Supreme People’s Court has issued rules concerning online litigation and the operation of online judicial procedures.

These developments are intended to improve access to judicial services and administrative efficiency.

15.2 Internet courts

China has established internet courts in selected locations, including Hangzhou, Beijing and Guangzhou.

These courts deal with designated categories of internet-related disputes, such as certain online transactions, digital content and other matters assigned to their jurisdiction.

Their procedures incorporate electronic filing, online hearings and digital evidence management.

They remain part of the people’s court system and do not constitute an entirely separate judicial system.

15.3 Electronic evidence

Digital evidence is increasingly important in civil and commercial proceedings.

Online contracts, electronic signatures, transaction records, platform communications, payment records and business databases may be relevant to a dispute.

The legal treatment of electronic evidence depends on the applicable evidentiary rules, the authenticity of the material and its connection with the issues in the case.

Digitalisation has therefore affected not only the administration of proceedings but also the substance of evidentiary practice.

16. The Practical Importance of the Chinese Court System for Individuals and Businesses

For individuals, the people’s courts provide the formal judicial mechanism for resolving disputes concerning contracts, family relationships, property, personal injury, employment-related matters and other civil rights.

For businesses, the courts are important in the enforcement of contractual obligations, shareholder disputes, intellectual property protection, debt recovery, commercial transactions and corporate restructuring.

Foreign individuals and companies must also consider the interaction between Chinese courts and other dispute-resolution institutions.

The most important practical questions commonly include:

• Which court has jurisdiction over the dispute?
• Does a valid arbitration agreement exist?
• Is there an exclusive jurisdiction rule?
• Where are the relevant assets located?
• Can the judgment be enforced?
• Does the dispute involve a foreign element?
• Are special service or evidentiary procedures required?
• Is a specialised court responsible for the matter?
• Does the dispute fall within the jurisdiction of the China International Commercial Court or another specialised mechanism?

These questions cannot be answered merely by identifying the court system’s general structure. The relevant legislation, judicial interpretations and facts of the dispute must be examined.

The Chinese court system is therefore not only a constitutional institution but also an essential component of the country’s commercial and economic infrastructure.

Key Takeaways

1. The people’s courts are the adjudicative organs of the People’s Republic of China.
2. The Constitution establishes the Supreme People’s Court, local people’s courts and special people’s courts.
3. The ordinary court hierarchy has four levels: primary, intermediate, high and supreme people’s courts.
4. Primary people’s courts hear a substantial proportion of ordinary civil and commercial disputes.
5. Intermediate people’s courts exercise first-instance jurisdiction over specified significant cases and hear appeals from primary courts.
6. High people’s courts hear certain major cases and appeals from intermediate courts.
7. The Supreme People’s Court is the highest adjudicative organ and supervises the work of lower courts.
8. Specialised people’s courts include maritime, intellectual property, financial and military courts.
9. Specialised courts are part of the national judicial system, not independent judicial systems outside it.
10. The Organic Law of the People’s Courts governs the organisation, functions and powers of the courts.
11. The Civil Procedure Law is the principal statute governing civil litigation.
12. The Civil Procedure Law was amended in 2023, with the amendments taking effect on 1 January 2024.
13. The Civil Code provides the principal substantive framework for many private-law disputes.
14. Jurisdiction is determined by court level, territorial connection, subject matter and other statutory criteria.
15. Primary people’s courts generally have jurisdiction over first-instance civil cases unless the law provides otherwise.
16. Certain significant, foreign-related and specialised disputes may fall within the jurisdiction of higher or specialised courts.
17. Disputes concerning immovable property are generally subject to the jurisdiction of the court at the location of the property.
18. Parties may agree in writing on jurisdiction in certain circumstances, subject to statutory requirements and exclusive jurisdiction rules.
19. Commercial litigation covers contracts, companies, finance, intellectual property, property and other economic disputes.
20. Civil proceedings are based on evidence submitted by the parties and assessed under the applicable procedural rules.
21. Courts may use preservation measures to protect assets, evidence and other legally relevant interests.
22. Judicial mediation is an important part of Chinese civil dispute resolution.
23. Commercial arbitration may exclude court adjudication where a valid arbitration agreement covers the dispute.
24. China generally follows a two-instance finality system for civil litigation.
25. Retrial and adjudication supervision procedures provide exceptional mechanisms for reviewing legally effective judgments.
26. People’s courts have powers to enforce legally effective judgments and other enforceable instruments.
27. Foreign individuals and enterprises generally enjoy the same litigation rights and obligations as Chinese parties, subject to applicable law.
28. The 2023 amendments to the Civil Procedure Law developed the rules on foreign-related jurisdiction and international civil litigation.
29. The China International Commercial Court forms part of the Supreme People’s Court and has jurisdiction over specified international commercial disputes.
30. Judicial interpretations issued by the Supreme People’s Court are highly influential in the practical application of Chinese legislation.

Frequently Asked Questions

1. How many levels are there in China’s ordinary court system?

There are four principal levels: primary, intermediate, high and supreme people’s courts.

2. What is the highest court in China?

The Supreme People’s Court is the highest adjudicative organ of the People’s Republic of China.

3. Are Chinese people’s courts independent?

Article 131 of the Constitution provides that people’s courts independently exercise adjudicative power in accordance with law and are not subject to interference by administrative organs, social organisations or individuals. This principle operates within the broader constitutional and political structure of the People’s Republic of China, which recognises the leadership of the Communist Party.

4. What types of cases do primary people’s courts hear?

They generally hear ordinary civil, commercial, criminal and administrative cases assigned to them by law. Their civil jurisdiction commonly includes contracts, property, family matters, tort liability and other disputes not assigned to higher or specialised courts.

5. What is the difference between an intermediate and a high people’s court?

Intermediate courts operate below provincial high people’s courts. They hear appeals from primary courts and certain significant first-instance cases. High people’s courts hear appeals from intermediate courts and specified major cases within their territorial jurisdictions.

6. What are specialised people’s courts?

They are courts established to hear particular categories of cases rather than operating solely according to ordinary territorial divisions. Examples include maritime, intellectual property, financial and military courts.

7. Which courts handle maritime disputes?

Designated maritime courts hear specified disputes involving shipping, navigation, carriage of goods by sea, marine insurance, ship collisions, port operations and other maritime matters.

8. Are there specialised intellectual property courts in China?

Yes. China has specialised intellectual property courts in Beijing, Shanghai and Guangzhou, together with other designated courts and divisions. The Supreme People’s Court also has an intellectual property appellate structure.

9. What is the role of the Supreme People’s Court?

It hears cases within its jurisdiction, supervises lower courts, issues judicial interpretations and performs other judicial and administrative functions assigned by law.

10. What are judicial interpretations?

They are authoritative interpretations issued by the Supreme People’s Court to clarify the application of legislation in judicial proceedings. They play an important role in the consistent application of Chinese law.

11. Does China follow the common-law doctrine of precedent?

No. China’s legal system is not based on the common-law doctrine of binding precedent. However, the Supreme People’s Court publishes guiding cases and typical cases that influence judicial practice.

12. What law governs civil litigation in China?

The principal procedural statute is the Civil Procedure Law of the People’s Republic of China. It should be read together with relevant substantive legislation and judicial interpretations.

13. What is the two-instance finality system?

It means that a civil case is generally heard at first instance and may be appealed to the next higher court. The second-instance decision is ordinarily final under the normal appellate process.

14. Can a final Chinese judgment be reviewed again?

In certain circumstances, a party may apply for retrial under the adjudication supervision procedures. These procedures are exceptional and are not equivalent to an ordinary additional appeal.

15. Can foreign companies bring proceedings before Chinese courts?

Yes. Foreign enterprises and organisations may bring proceedings or appear as defendants before Chinese people’s courts, subject to the applicable procedural and jurisdictional rules.

16. Do foreign litigants have the same procedural rights as Chinese parties?

The Civil Procedure Law generally provides foreign individuals, enterprises and organisations with the same litigation rights and obligations as Chinese parties, subject to applicable statutory rules and the principle of reciprocity.

17. Can parties choose a Chinese court in an international contract?

In certain foreign-related civil disputes, parties may agree in writing to submit disputes to a Chinese people’s court. The agreement must comply with the Civil Procedure Law and cannot override mandatory exclusive jurisdiction rules.

18. Can a Chinese court hear a dispute involving a foreign defendant?

Yes, where the statutory requirements for international jurisdiction are satisfied. Relevant connections may include contractual performance, property location, tortious conduct or another legally recognised connection with China.

19. Which court hears disputes involving Chinese real estate?

Disputes concerning immovable property are generally subject to the exclusive territorial jurisdiction of the people’s court at the location of the property, subject to the applicable legal rules.

20. Can Chinese courts enforce foreign judgments?

Yes, where the requirements for recognition and enforcement under Chinese law are satisfied. The legal basis may include an applicable international treaty or reciprocity.

21. Can Chinese courts enforce arbitral awards?

Yes. People’s courts perform functions relating to the enforcement of domestic and foreign arbitral awards in accordance with the applicable legislation and international obligations.

22. What is the China International Commercial Court?

It is a specialised international commercial adjudication mechanism established within the Supreme People’s Court to hear certain significant international commercial disputes falling within its jurisdiction.

23. Is mediation compulsory in Chinese civil litigation?

Mediation is encouraged and may be used during proceedings, but a party should not assume that every dispute must be settled through mediation. Where no agreement is reached, the court may proceed to adjudicate the case.

24. What is the role of people’s assessors?

People’s assessors participate in adjudication under the conditions established by law. They are not professional judges in the ordinary sense, but their participation provides a form of public involvement in judicial proceedings.

25. Can a foreign lawyer represent a client in a Chinese court?

Foreign lawyers are not automatically authorised to practise Chinese law or appear as Chinese-law advocates before people’s courts. Foreign parties commonly engage lawyers qualified to practise in China for domestic litigation.

Authoritative Legal Sources and Further Reading

1. Constitution of the People’s Republic of China — particularly Articles 128–134, establishing the constitutional position of people’s courts and people’s procuratorates.
   https://en.moj.gov.cn/2021-06/22/c_634901.htm
2. Organic Law of the People’s Courts of the People’s Republic of China — the principal legislation governing the organisation, powers and institutional responsibilities of people’s courts.
   https://english.court.gov.cn/basicfactsofcourts.html
3. Civil Procedure Law of the People’s Republic of China — the principal procedural statute governing civil litigation, jurisdiction, evidence, appeals, enforcement and foreign-related proceedings.
   https://cicc.court.gov.cn/html/1/219/199/200/644.html
4. Supreme People’s Court — Introduction and Institutional Responsibilities — an overview of the SPC’s position, jurisdiction and judicial functions.
   https://english.court.gov.cn/introduction.html
5. Supreme People’s Court — Court Reform in China — institutional information concerning the development and organisation of the people’s courts.
   https://english.court.gov.cn/2017-03/14/c_761593_3.htm
6. China International Commercial Court — official information concerning the SPC’s international commercial dispute-resolution mechanism.
   https://cicc.court.gov.cn/
7. Judiciaries Worldwide: China — an institutional overview of China’s judicial hierarchy and court structure, published by the Federal Judicial Center.
   https://judiciariesworldwide.fjc.gov/country-profile/china
8. World Intellectual Property Organization — Judicial Administration Structure for Intellectual Property Disputes in China — an overview of the specialised intellectual property court structure, based on information provided by the Supreme People’s Court.
   https://www.wipo.int/en/web/wipolex/judicial-administration-structure/cn
9. Ministry of Commerce — Foreign Investment Guide of the People’s Republic of China (2025 Edition) — includes an overview of dispute resolution and the organisation of the Chinese court system.
   https://fdi.mofcom.gov.cn/EN/come-newzonghe.html?comeID=4&parentId=131
10. Supreme People’s Court — Procedures Optimized for Foreign-Related Cases — background on the 2023 amendments to the Civil Procedure Law and their entry into force in January 2024.
    https://english.court.gov.cn/2023-09/04/c_916386.htm

Conclusion

The Chinese people’s courts form a unified judicial system organised through primary, intermediate, high and supreme people’s courts, together with specialised courts responsible for particular categories of disputes. Their constitutional position is established by the Constitution, while the Organic Law of the People’s Courts and the Civil Procedure Law provide the principal institutional and procedural frameworks.

Civil and commercial adjudication is central to the practical operation of this system. People’s courts resolve disputes involving contracts, property, companies, intellectual property, financial transactions and other private legal relationships. They also supervise lower courts, issue judgments, enforce legal obligations and participate in the recognition and enforcement of certain foreign judgments and arbitral awards.

The two-instance finality system provides the ordinary appellate structure, while retrial and adjudication supervision procedures offer exceptional mechanisms for reviewing legally effective decisions. Judicial mediation and arbitration also form important parts of the broader dispute-resolution environment.

For foreign individuals and enterprises, the most significant issues often concern jurisdiction, contractual forum-selection clauses, arbitration agreements, service of documents, evidentiary requirements and the enforcement of judgments. The 2023 amendments to the Civil Procedure Law have further developed the framework for foreign-related civil litigation, making an understanding of international jurisdiction and judicial cooperation increasingly important.

The Chinese court system should therefore be understood not merely as a hierarchy of judicial institutions, but as a complex mechanism through which national legislation is applied, private rights are adjudicated, commercial obligations are enforced and the administration of justice is integrated into the wider constitutional structure of the People’s Republic of China.

Editorial note: This article provides general legal and institutional information about the court system of mainland China. Hong Kong and Macao maintain distinct judicial and legal arrangements under their respective Basic Laws. The article is educational and does not constitute legal advice.