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)