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What is the basis for people's courts to hear cases?
Legal basis: Article 29 of the Organic Law of People's Republic of China (PRC) People's Courts. When trying a case, the people's court shall be tried by a collegial panel or a judge alone. The scope of cases to be tried by the collegial panel and judges alone shall be prescribed by law.
Article 33 When a collegial panel hears a case, the judge shall be responsible for ascertaining the facts and applying the law. Judges are solely responsible for hearing cases, and sole judges are responsible for ascertaining the facts of cases and applying laws. People's courts should strengthen internal supervision. If there are illegal cases in judicial activities, they should be investigated and verified in time and dealt with according to the law and regulations.
One section is added to Chapter II and Chapter III of Book XXII of the Decision of the NPC Standing Committee on Amending the Criminal Procedure Law of People's Republic of China (PRC) as Section IV: "Summary Procedure" Article 222 If the facts are clear and the evidence is reliable and sufficient, and the defendant pleads guilty and agrees to apply summary procedure, summary procedure may be applied, and the case under the jurisdiction of the basic people's court shall be tried by a single judge. When a people's procuratorate brings a public prosecution, it may suggest that the people's court apply the summary procedure. Article 223 In any of the following circumstances, the summary procedure is not applicable: "(1) The defendant is a mental patient who is blind, deaf or dumb or has not completely lost the ability to identify or control his own behavior; (2) The defendant is a minor; "(3) Cases with significant social impact;" (4) Some defendants in a joint crime case have objections to the alleged criminal facts, charges, sentencing suggestions or the application of quick adjudication procedures; "(5) The defendant and the victim or their legal representatives have not reached a mediation or settlement agreement on matters such as compensation for incidental civil actions;" (6) Other cases that are not suitable for the speedy adjudication procedure. Article 224 The application of the speedy adjudication procedure to the trial of a case is not limited by the time limit for delivery stipulated in Section 1 of this Chapter. Generally, court investigation and court debate are not conducted, but the opinions of the defender and the final statement of the defendant should be heard before sentencing. "The case shall be pronounced in court by applying the speedy adjudication procedure. Article 225 A case to which the people's court applies the expedited procedure shall be concluded within 10 days after accepting it. If the term of imprisonment that may be sentenced exceeds one year, it may be extended to fifteen days. "Article 226 If, during the trial, the people's court finds that the defendant's behavior does not constitute a crime or should not be investigated for criminal responsibility, the defendant pleads guilty against his will, the defendant denies the alleged criminal facts or there are other circumstances that are not suitable for a speedy trial, it shall retry the trial in accordance with the provisions of Section 1 or Section 3 of this Chapter. "
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