20世纪50年代后期以后，特别是“文化大革命”（1966—1976年）十年动乱期间，中国司法制度一度遭到严重破坏。1978年实行改革开放后，中国总结历史经验教训，确立了发展社会主义民主、健全社会主义法制的基本方针，恢复重建了司法制度，制定和修订了一系列基本法律。20世纪90年代，中国确立了依法治国的基本方略，加快建设社会主义法治国家。伴随着社会进步和民主法治建设进程，中国司法制度不断得到完善和发展。

　　（一）中国司法制度的基本特点

　　中国是工人阶级领导的、以工农联盟为基础的人民民主专政的社会主义国家。人民代表大会制度是中国的政权组织形式。中国的国体和政体决定了司法权来自人民、属于人民、服务人民。人民法院、人民检察院由各级人民代表大会产生，对它负责，受它监督。

Toward the end of 1950s, especially during the ten-year tumultuous "cultural revolution" (1966-1976), China's judicial system suffered severe damage. Since the reform and opening-up policies were introduced in 1978, China, after summing up its historical experience, established the fundamental policy of promoting socialist democracy and improving socialist legal construction, restored and rebuilt the judicial system, and formulated and amended a range of fundamental laws. In the 1990s, China established the fundamental principle of governing the country in accordance with the law, and quickened the step to build China into a socialist country under the rule of law. During the process of promoting social progress, democracy and the rule of law, China's judicial system is continuously improving and developing.

1. Basic Characteristics of China's Judicial System

China is a socialist country with a people's democratic dictatorship led by the working class and based on the alliance of workers and peasants. The people's congress system is the organic form of its state power. China's state system and system of government decide that its judicial power comes from the people, belongs to the people and serves the people. The people's courts and the people's procuratorates are created by the people's congresses at various levels, to which they are responsible and by which they are supervised.

　　人民法院是国家的审判机关。国家设立最高人民法院、地方各级人民法院和军事法院等专门人民法院,依法审理民事、刑事、行政诉讼案件，开展民事、行政执行和国家赔偿等执法活动。最高人民法院监督地方各级人民法院和专门人民法院的审判工作，上级人民法院监督下级人民法院的审判工作。在诉讼活动中，实行审判公开、合议、回避、人民陪审员、辩护、两审终审等制度。

　　人民检察院是国家的法律监督机关。国家设立最高人民检察院、地方各级人民检察院和军事检察院等专门人民检察院。最高人民检察院领导地方各级人民检察院和专门人民检察院的工作，上级人民检察院领导下级人民检察院的工作。人民检察院依法对刑事、民事、行政诉讼实行法律监督。

The people's court is the basic judicial organ in China. The state has set up the Supreme People's Court, local people's courts at different levels and special people's courts such as military courts. They adjudicate civil, criminal and administrative cases in accordance with the law, and carry out law enforcement activities including the execution of civil and administrative cases and state compensation. The Supreme People's Court supervises the judicial work of all local people's courts and special people's courts. The people's court at a higher level supervises the judicial work of the people's court at the next lower level. In litigious activities, China adopts the systems of public trial, collegiate panels, challenge, people's jurors, defense, and judgment of the second instance as final, among others.

The people's procuratorate is the procuratorial organ in China. The state has set up the Supreme People's Procuratorate, local people's procuratorates at different levels and special people's procuratorates such as military procuratorates. The Supreme People's Procuratorate directs the work of local people's procuratorates at different levels and special people's procuratorates. A people's procuratorate at a higher level directs the work of a people's procuratorate at the next level below it. The people's procuratorate exercises legal supervision over criminal, civil and administrative litigations in accordance with the law.