Eastern Theater Command's Military Court

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People's Liberation Army's Military Court
(中国人民解放军东部战区军事法院)
File:P.R.C Court Insignia.svg
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Established2016
JurisdictionChinese Armed Forces
LocationNanjing
Authorised byOrganic Law of the People's Courts of the People's Republic of China
Appeals to
Websitewww.chinacourt.org/article/dfg/type/military/ismilitary/1.shtml
People's Liberation Army Eastern Theater Command Military Court
中国人民解放军东部战区军事法院
File:China Emblem PLA.svg
PLA's Emblem
Founded2016
CountryPeople's Republic of China
BranchJurisdiction over all military branches within the Eastern Theater Command
RoleMilitary Justice administration
Commanders
Court PresidentJiang Liuqing (蒋柳清)

The Military Court of the Eastern Theater Command of the Chinese People's Liberation Army, normally called the ETC Court is an intermediate military court of division grade[1] of the People's Liberation Army, in charge of military justice in the Eastern Theater. It is subordinate to the Military High Court and located in Nanjing.[2]

History

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The precursor of the ETC Court was the Military Court of the Nanjing Military Region of the Chinese People's Liberation Army, classified as a "large unit military court". The Military Court of the Nanjing Military Region heard some serious criminal and civil cases in first instance and heard in second instance cases involving the forces, colleges and universities, and other units of the Nanjing Military Region. In civil cases, it heard complaints, and supervised lower level trials and the enforcement of judgments.[3][4]

In November 2015, Xi Jinping requested at the Military Commission Reform Work Conference that "a new Military Commission should be formed, the military judicial system should be adjusted, and military courts and procuratorates should be set up in each region, ensuring that they exercise their powers independently and impartially in accordance with the law."[5] On February 1, 2016, the Eastern Theater Command was established, which included the former Nanjing Military Region.[6] On June 29, 2016, the Supreme People's Court of the People's Republic of China issued the "Notice on Rewriting and Publishing the Hierarchy of Military Courts" (Law No. 142),[7] which established that the Military Court of the Eastern Theater is an Intermediate Military Court with the code "Military 01" (军01).[5]

Functions

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The ETC Military Court of the Chinese People's Liberation Army has a case-filing division[2] that does the initial review, induction, and preliminary hearings of new cases. The criminal chamber hears in first instance cases liable to sentences over 15 years of imprisonment or death; and hears appeals against criminal judgments and rulings of primary military courts. The civil division carries out trial supervision, and hears cases and complaints when the defendants are military units, and the suit is over 30 million yuan; and hears appeals against primary court judgments and rulings in civil cases. The civil division is also responsible for the enforcement of judgments in civil cases.

Organizational structure

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  • Case-filing Division (立案庭)
  • Civil Division (民事审判庭)
  • Criminal Division (刑事审判庭)
  • Judicial Supervision Division (审判监督庭)[8][9]

Leadership

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Subordinate primary military courts

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References

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  1. ^ a b Lua error in Module:Citation/CS1/Configuration at line 2172: attempt to index field '?' (a nil value).
  2. ^ a b Lua error in Module:Citation/CS1/Configuration at line 2172: attempt to index field '?' (a nil value).[permanent dead link]
  3. ^ 王国华律师：“军队政法机构的设置和军事法院受理案件的有关规定”的讲座 Archived 2014-11-09 at the Wayback Machine，北京市天溢律师事务所，2014-05-12
  4. ^ 谷俊山在哪受审 Archived 2014-12-10 at the Wayback Machine，南方周末，2014-05-01
  5. ^ a b 军事法院检察院已调整组建运行 打破隶属着眼惩腐 Archived 2017-11-07 at the Wayback Machine，中华网，2016-07-18
  6. ^ 战区近来动作不小，1个月内34人履新 Archived 2016-10-09 at the Wayback Machine，东方网，2016-08-21
  7. ^ Lua error in Module:Citation/CS1/Configuration at line 2172: attempt to index field '?' (a nil value).
  8. ^ Lua error in Module:Citation/CS1/Configuration at line 2172: attempt to index field '?' (a nil value).
  9. ^ Lua error in Module:Citation/CS1/Configuration at line 2172: attempt to index field '?' (a nil value).
  10. ^ Lua error in Module:Citation/CS1/Configuration at line 2172: attempt to index field '?' (a nil value).

See also

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