What is a court martial? Difference Between Military Court and Civil Court

Legal Analysis: The Difference Between Military Courts and Civil Courts: Simply put, ordinary courts are aimed at civil disputes and criminal cases that occur between the masses in their jurisdictions, and military courts mainly accept and try criminal cases of military violations of duties.

In addition, ordinary criminal cases involving military personnel and cases involving economic disputes within the military are heard. The difference between a military court and an ordinary court is that the groups it addresses have different social identities. Military courts are pre-judicial organs established by the State in the military.

The People's Republic of China has established Li Zaoqing's judicial organ in the Chinese People's Liberation Army, which is a special people's court of the national judicial system.

Basis of the Law of Rock Slag: Article 17 of the Civil Procedure Law of the People's Republic of China: Basic level people's courts have jurisdiction over first-instance civil cases, except as otherwise provided by this Law.

Article 38 of the Civil Procedure Law of the People's Republic of China: A higher people's court has the right to hear first-instance civil cases within the jurisdiction of a lower people's court; Where it is truly necessary to transfer a first-instance civil case within the jurisdiction of that court to a lower people's court for trial, it shall be reported to the people's court at the level above for approval. Where a lower people's court finds that it is necessary to have a higher people's court hear a first-instance civil case under its jurisdiction, it may report it to the higher people's court for trial.

1. The difference between military and civilian courts.

1. The main difference between the two is that ordinary courts are aimed at civil disputes and criminal cases between the masses in their jurisdictions, while military courts mainly accept and try criminal cases of military personnel violating their duties. Ordinary courts have four levels of brothers, and basic people's courts refer to courts set up at the county level, at the city level without districts, and in municipal districts. Except for the first-instance civil cases under the jurisdiction of the ** Intermediate Court, the High Court and the Supreme Court, all other civil cases or criminal cases are under the jurisdiction of the basic courts.

Military courts include the military courts of the Chinese People's Liberation Army, large military regions, military courts of all services and arms, and military-level military courts.

2. Legal basis: Article 15 of the Organic Law of the People's Courts.

Specialized people's courts include military courts, maritime courts, intellectual property courts, financial courts, etc. The establishment, organization, authority, and appointment and removal of judges of specialized people's courts are to be provided for by the Standing Committee of the National People's Congress.

2. How long does it take for the civil court to pronounce the verdict after the civil court**.

Neither the Civil Procedure Law nor the Criminal Procedure Law stipulates that a judgment shall be issued within a few days after **, but only stipulates the time limit for the trial of the case. The time limit for the conclusion of trial is the period from the day after the case is filed to the date on which the judgment is announced and the mediation document is served, but the period for public announcement, the appraisal period, the period for hearing jurisdictional objections raised by the parties, and the period for handling jurisdictional disputes between people's courts shall not be counted. In accordance with the provisions of relevant laws and regulations, cases tried by people's courts applying ordinary procedures shall be concluded within 6 months of the date on which the case is filed.

Where there are special circumstances that require an extension, it is to be approved by the president of that court, and where an extension of 6 months may be required, it is to be reported to the people's court at the level above for approval. Relevant laws and regulations provide that when a people's court applies the summary procedures to hear a case, it shall complete the trial within 3 months from the date on which the case is filed.

Military tribunals, the organizational bodies established within military courts that are responsible for the division of labor and trial work. It is composed of a division president, a deputy division president, and several judges, and is responsible for representing military courts in adjudicating cases of crimes committed in military service in accordance with law. A makeshift organization of trials formed within the army during the war.

Responsible for the trial of military crimes and prisoners of war in wartime situations. Often, a specific case is established and the case is withdrawn after the trial is completed. An international or domestic trial organization temporarily formed after the end of the war to try war criminals.

It was responsible for the trial of war criminals, and the mission was abolished upon completion: for example, the Special Military Tribunal of the Supreme People's Court, which was formed in 1956 to try Japanese war criminals. Military judicials in some countries, the same as military courts.

See "Military courts".

Legal basis. Provisions of the Supreme People's Court on Several Issues Concerning the Jurisdiction of Military Courts in Civil Cases Article 1 The following civil cases shall be under the jurisdiction of military courts:

1) Cases where both parties are military personnel or military units, except as otherwise provided by law;

2) Cases involving military secrets at or above the level of confidential;

3) Cases of voter eligibility for the establishment of an election commission by the military; (4) Cases of determining unclaimed property in the camp.

Trial of cases of crimes committed in the course of military duties.

China's military courts mainly refer to the judicial organs established by the state in the armed forces, and are specialized people's courts under the military system. It is composed of a division president, a vice president, and a number of judges, and its main duties are to handle cases of crimes committed in military service in accordance with the law on behalf of the military courts.

The difference between military courts and civilian courts is that ordinary courts are aimed at civil disputes and criminal cases that occur between people in their jurisdictions, while military courts mainly accept and try criminal cases of military personnel violating their duties.