Comparative Research On The Functions Of The Supreme Court

Modern society, which is mainly characterized by market-oriented economy and democracy-oriented politics, is witnessing one fact, that is, as a basic organizational system that resolves dispute and protects rights, court is the most important basis of social justice and social equality. In the institute of courts in each country, the Supreme Court is the top of the "pyramid". It has distinguishing position in political and social life. Therefore, the present situation as well as reform has become the focus of both theoretical and practical circle.The thesis mainly is devoted to the research and re-location on China's Supreme Court's functions. In order to find the best functional configuration of China's Supreme Court, the author, by comparing and analyzing the functions of American, German and Japanese Supreme Courts, probes the features and reasons of functions of each Supreme Court from four aspects: resolving disputes, judicial administrative supervision, power checks and policy-making. After analyzing the present situation of China's Supreme Court, adopting every advantage from other countries and taking Chinese legal traditions and national conditions into consideration, the author puts forward the ideal structure of the functions of China's Supreme Court. In the author's opinion, China's Supreme Court should weaken (or change) its functions of resolving disputes and judicial administrative supervision; at the same time, strengthen the functions of power checks and policy-making.In essence, the re-structure of the function of Supreme Court requires its transition from the pattern of "common supervision" to the pattern of "constitutional guidance" because rule by law requires Supreme Court to perform the constitutional functions of power checks and policy-making. So, great reform on Supreme Court must be in progress. In doing so, the thesis outlines the future on the status, structure, personnel arrangement and power scope of Supreme Court. Besides, it argues with the necessity and feasibility of the reform.Because the Supreme Court will make reforms extensively, and some reform measures are unrealistic given Chinese legal traditions and national conditions (certainly, some people may think they are quite conservative), the author, in the last of conclusion, proposes his own solution to the following questions: Is the reform in gradual progress or in great one? Is the way of the reform borrowed from others countries or on national resources?...