- The system of mediation. When a people's court hears a civil case, it follows the principle of "doing all it can to mediate first, adjudicating when so doing is proper, and combining mediation with adjudication to close the case." According to the requirements of voluntaries, legitimacy and democracy, judicial personnel will try, through mediation, to persuade the opposing parties to reach a compromise to solve their dispute about civil rights and interests. In 2006, about 56 percent of civil cases of first instance in China were solved through mediation.
- The system of judicial relief. The judicial relief system issued by the people's court when financially straitened litigants take legal action in a civil or administrative case, in order to safeguard their legitimate rights and interests. The people's court may allow such litigants to postpone paying, reduce or even waive their legal expenses. The Provisions on Judicial Relief for Financially Straitened Litigants was enacted by the Supreme People's Court for the purpose of guaranteeing the procedural rights of underprivileged people.
- The system of judgment of the second instance as final. The party concerned has the right to appeal to the people's court at a higher level, within the time period prescribed by the law, against the ruling or judgment made by a local people's court in a case of first instance. If the party concerned does not appeal against the ruling or judgment, the ruling or judgment will come into force once the time period expires. Regarding rulings and judgments in cases on appeal or protested cases, the rulings and judgments made by a higher people's court are final, except for cases involving the death penalty, which need to be reviewed by the Supreme People's Court. All rulings and judgments made by the Supreme People's Court in cases of first instance it hears are final.
- The system of review of death sentence. The system of review of death sentences is independent of the system whereby the judgment of the second instance is final. This is important because it requires that all death sentences be reexamined and approved. Apart from the death sentences given by the Supreme People's Court according to law, all death sentences must be reported to the Supreme People's Court for review and approval. The Supreme People's Court has enacted the Decisions on Several Issues Regarding the Review of Death Sentences. This document contains strict and uniform criteria on the use of the death sentence. It also contains uniform criteria on evidences for death sentences, and strictly standardizes the procedure for review of death sentences, in a bid to ensure that capital punishments are given sparingly and fairly. Starting from the latter part of 2006,all death penalty cases of second instance are tried publicly.
The procuratorial organs in China include the Supreme People's Procuratorate, local people's procuratorates at different levels and special procuratorates, such as military procuratorates. The Supreme People's Procuratorate is the highest procuratorial organ. It directs the work of local people's procuratorates and special procuratorates. A people's procuratorate at a higher level directs the work of a people's procuratorate at the next-lower level.
It is the duty of the people's procuratorates to ensure justice and the proper enforcement of law. Provisions in laws stipulate that the people's procuratorates shall use their procuratorial power to deal with treason, attempts to split the country and other serious criminal cases that sabotage the implementation of state policies, laws and administrative orders; that they shall investigate criminal cases directly by themselves involving personnel of state agencies, such as cases of embezzlement, taking bribes, dereliction of duty and infringement of others' rights; that they shall decide, in accordance with the law, whether to approve proposals for arrest put forth by the organs of public security; that they shall, upon examination of cases transferred to them from the organs of public security for action, decide, in accordance with the law, whether to bring the cases to court or not; and that they shall bring criminal cases to court or support legal action in such cases. The law also stipulates that procuratorial organs shall supervise legitimacy of the trials of the people's courts, the investigatory activities of the organs of public security and state security, as well as law enforcement in prisons. People's procuratorates at all levels establish procuratorial committees to discuss and decide major cases and other issues of importance under the guidance of the chief procurator.
China has enacted the Arbitration Law, the Lawyers Law, the Notarization Law and the Law on Labor Dispute Mediation and Arbitration, and established an arbitration system, attorney system, notary system, legal aid system and judicial examination system.
The Arbitration Law stipulates that on the principle of voluntariness, contractual disputes or other property right disputes arising between the citizens, legal persons and other organizations can be submitted for arbitration; disputes arising from marriage, adoption, guardianship, fosterage and inheritance, and administrative disputes that should be handled by administrative organs may not be submitted for arbitration. In China, all arbitration awards are final. Unless a people's court revokes an arbitration award or makes a ruling that the arbitration award shall not be implemented, the parties concerned may not request a second arbitration on the same dispute or bring the case again to a people's court.
The Law on Labor Dispute Mediation and Arbitration stipulates that where a labor dispute arises, if a party does not desire consultation, the parties fail to settle the dispute through consultation, or a party does not execute a reached settlement agreement, any of the parties may apply to a mediation organization for mediation; if a party does not desire mediation, the parties fail to settle the dispute through mediation, or a party does not execute a reached mediation agreement, any of the parties may apply to a labor dispute arbitration commission for arbitration; and a party disagreeing with the award may bring an action in a people's court except as otherwise provided for by the law.
The Lawyers Law stipulates that anyone who applies to become a professional practitioner must first of all pass the state's standard judicial examination, must endorse the Constitution, must work as an intern in a law firm for 12 months and demonstrate that he/she is a person of integrity before receiving a certificate to practice. Professional practitioners can serve as legal counsels or agent ad litem for others. They can provide legal aid to criminal suspects in criminal cases, serving as defenders for criminal suspects and defendants in criminal cases. Their practice according to law is protected by the law. By the end of 2006 there were over 13,000 law firms in China with more than 130,000 professional practitioners. In China law firms can be established as a partnership or by an individual. They can also be set up with the funds of the state.
The Notarization Law stipulates that notaries must pass the state's judicial examination before they can practice. Notary agencies can, at the request of their clients, verify the truthfulness and legitimacy of civil juristic acts, or of facts and documents with legal significance. Notarial deeds have legal effect, mainly including evidentiary effect, compulsory execution effect, effect of major factors for a juristic act, public notification effect, against-third-party effect and irreversibility effect. The number of notarial deeds issued by notary agencies across China in the past few years has remained at about 10 million each year, of which 3 million are foreign-related and have involved over 100 countries and regions. By the end of 2006, there were more than 3,000 notary agencies in China, employing close to 12,000 notaries.