Military court (China)

The Military Court of the People's Liberation Army (also referred to as the Military High Court of the PLA) is the highest level military court of the Chinese armed forces (including the PLA and the People's Armed Police). It is a Deputy Theater grade (副战区级) unit organized under dual leadership: administratively under the direct supervision of the Political and Legal Commission of the Central Military Commission, and operationally as a Specialized People's Court under the jurisdiction of the Supreme People's Court

On September 1, 1931, the Soviet Government of the EYUAN District promulgated the Provisional Regulations of the Revolutionary Military Tribunal, which stated that "the Revolutionary Military Tribunal is the military law enforcement organ of the Revolutionary Armed Forces, and shall deal with any breach of discipline and military administration of the Chinese Red Army (all revolutionary armed forces)." On February 1, 1932, the Central Executive Committee of the Chinese Soviet Republic unified and promulgated the Provisional Regulations on the Organization of the Military Courts of the Chinese Soviet Republic, which provided that "the troops of the Red Army at all levels and the local armed commands shall organize military courts to try criminal cases in the Red Army." After the outbreak of the Second Sino Japanese War and the reorganization of the Chinese Workers and Peasants Red Army into the Eighth Route Army in August 1937, the Military Inquisition was changed to the Military Justice Division, which was set up within the Political Department of the Eighth Route Army. In 1939, the Political Department of the Eighth Route Army issued the Draft Regulations on the Work of the Military Justice Division, which stipulated that the Military Justice Division was to be established within the political departments of divisions, brigades, military districts, military subdivisions, and rear garrisons. In June 1957, the General Political Department of the PLA, in accordance with the decision of the enlarged meeting of the Military Commission of the CCP Central Committee and with the consent of the Supreme People's Court, stipulated that military courts at all levels, in addition to being supervised by higher courts in accordance with the law, were under the leadership of the political departments of the same level within the army. In 1958, under the slogan of Anti Rightist Movement, Encourage Energy, and Promote Great Leap Forward in Military Justice Work," the military justice system continued to crack down on a wide range of cases, and the conviction rate increased sharply. After 1958, according to the "Regulations on Strengthening Collaboration among the Three Departments of Defense, Military Prosecution and Military Justice" formulated and issued by the Defense Department of the General Political Department of the PLA, the Military Trial Chamber of the Supreme People's Court, and the Military Prosecutor's Office of the Supreme People's Procuratorate, during the "Great Leap Forward" campaign, the military trial work During the "Great Leap Forward" movement, the system of division of responsibilities among the defense, military prosecution, and military justice departments, mutual cooperation, and mutual restraint was replaced by "one chief in place of three chiefs" (any one of the three chiefs of the defense, prosecution, and military justice departments could act for the other two chiefs), "one member in place of three members" (any one of the scouts, prosecutors, and judges could act for the other two chiefs), and "one member in place of three members" (the scouts, prosecutors, and judges). This is the same trend as the local trial work of the Public Security Bureau, the Procuratorate, and the courts, which were responsible for the division of labor, cooperation, and mutual restraint, was replaced by "one chief for three chiefs" and "one member for three members". In some military trials, court trials were combined with mass criticism, and defendants were completely deprived of their right to defense. These practices have led to great problems in military trials. The 1982 Constitution of the People's Republic of China and the 1983 Organic Law of the People's Courts of the People's Republic of China provide that the state establishes military courts within the PLA. There are three levels of military courts: military courts of the PLA, military courts of military district level units, and military courts of corps and military level units. The military courts of the PLA are responsible to the Central Military Commission of the People's Republic of China and the General Political Department of the PLA, and the military courts of other levels are responsible to the political organs at their own levels. The trial work of military courts at all levels is supervised by the Supreme People's Court of the People's Republic of China, and the trial work of military courts at lower levels is supervised by military courts at higher levels. The President of the Military Court of the PLA shall be appointed and removed by the President of the Supreme People's Court upon request of the Standing Committee of the National People's Congress. On May 25, 1996, in accordance with the spirit of the instructions of the Central Military Commission, the People's Armed Police established two levels of military courts and military procuratorates. on July 23, 1996, the Hong Kong Garrison established military courts and military procuratorates. on October 24, 1997, the Central Military Commission approved the establishment of the Second Military Court of the General Command of the PLA and the Second Military Procuratorate of the General Command. in October 1998, the According to the provisions of the Central Military Commission documents, the establishment system and posts of military courts and military procuratorates at all levels of the army were adjusted, and there were three levels of military courts and military procuratorates in the army: (1) military courts and military procuratorates of the PLA; (2) military courts and military procuratorates of military regions, naval forces, air forces, and general direct subordinate units; and (3) basic level military courts and military procuratorates. in July 2004, the army The establishment system and posts of military courts and military procuratorates at all levels were further adjusted, and some of the basic level military courts and military procuratorates were abolished. Prior to January 14, 2015, Liu Jixing, president of the Military Court of the PLA, was promoted from the previous rank of full military to the rank of deputy major military region. Before the reform in January 2016, there were 13 military courts of the People's Liberation Army corresponding to large units: the Navy, Air Force, Second Artillery, Shenyang Military Region, Beijing Military Region, Lanzhou Military Region, Jinan Military Region, Nanjing Military Region, Guangzhou Military Region, Chengdu Military Region, People's Armed Police, General Direct Subsidiaries, and the Second Military Court of General Direct Subsidiaries. Among them, the Military Court of the General Headquarters has jurisdiction over the General Office of the Military Commission, the General Political Department, the General Logistics Department, the General Equipment Department, the Second Artillery (after March 2014, the Second Artillery is no longer under the jurisdiction of the Military Court of the General Headquarters), the colleges and universities directly under the Military Commission, and other large units and their subordinate units, and the Second Military Court of the General Headquarters has jurisdiction over the General Staff Department and its subordinate units. After the reforms, the military court system was streamlined into six circuits of primary and intermediate courts corresponding to each Theater Command (except the Western Command, which has two circuits), plus one "at large" directly subordinate circuit of primary and intermediate courts.

To try in first instance cases of crimes committed by persons of full divisional rank or above. To try foreign related military criminal cases. To try in first instance those cases authorized or designated by the Supreme People's Court, and other criminal cases that the court deems should be tried by itself. To hear all appeals from lower military courts, and carry out retrials.

Prior to the 2016 reform, the Military Court included three full divisional level bodies. The First Trial Division: hears appeal cases and death penalty review cases against the verdicts of military courts of major units of the military. Deadly criminal cases are also reported to the Supreme People's Court for approval after being reviewed by the Military Court of the PLA. Second Trial Division: Hearing appeals against the legal effect of the judgments of the military courts of major units of the army, letters and visits, and trial supervision. Civilian Trial Division: hearing cases of appeal against the judgment of the military court of major units of the army, as well as appeal cases of civil judgments that have taken legal effect; undertaking the execution of the judgment of civil cases of the army.