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The Functions and Rights of the Supreme People's Court (SPC)

1. Conducting trial of the following cases: first-hearing cases placed with the SPC by laws and regulations and those the SPC deems within its jurisdiction; appeals or protests against trial decisions or verdicts of the higher people?s courts and special people?s courts; appeals against court judgments lodged by the Supreme People?s Procuratorate according to trial supervision procedures.

2. Giving approval to death sentence. The SPC may, when necessary, delegate the right of approval for death sentences passed against offenders involved in serious cases of killing people, raping women, looting, destruction by using explosives and other cases which severely endanger and harm public security and social order.

3. Supervising the trials by local people?s courts and special people?s courts at different levels.

4. On discovering mistakes in the rulings and verdicts of local people?s courts already being legally enforced, conducting questioning or appointing a lower level court to conduct re-hearing.

5. Giving approvals to verdicts on crimes not specifically stipulated in the criminal law.

6. Offering explanations over the concrete application of laws during the trial process.

(China.org.cn May 20, 2003)

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