Studies On The Roles And Functions Of The Supreme People's Court

With the progress of the national rule of law, the Supreme People's Court (SPC), as the highest judicial organ has more and more important functions in politics, economy, and culture etc. in society today.What a role should SPC play in the national power organizations? And what kind of functions should it elaborate in an administering society? This dissertation studied SPC theoretically. The purpose is to get some beneficial functions in developing rule of law and improving national system.In the first part, three chapters reviewed the development condition of the supreme judicial organization in the local democracy magistracy led by the Communist Party of China before the founding of the People's Republic of China. It is beneficial to cognize the current institutional characteristics and laws of SPC.In the second part, 6 chapters studied the role of SPC playing in national organization and the functions in the national management.After defining the role and the functions of SPC, the dissertation studied the role of SPC in the organ of our state power. The conclusion is that in front of the National People's Congress with dual powers, SPC had been produced by the National People's Congress, but does not have the power of restricting legislature; however, it invades latter's legislative power. The fact that SPC depends on the central finance has extremely weakened the degree of its power to supervise the central government. The law of the Supreme People's Procuratorate having the power to protest SPC's determination weakened the basic judicial principle of final judgment from SPC. The procuratorial power getting involved to the civil case is a typical expression of the civic power interfering the private right, and affecting court independent judgment. The dissertation studied the relationship between SPC and Chinese special political organization, the Chinese People's Political Consultative Conference. It also studied the way and content of SPC led by the Communist Party of China, and pointed out its characteristics and laws.In this part, the dissertation investigated meticulously the functions of SPC. And it is known that as for herself interest, SPC could not actively try the cases with the most represent and meaning. Its judicial explanations which have substandard lawmaking form cover up almost its functions of making policies and the unified laws. Its administrative judgment also cannot undertake the function in restricting powers. And the current regulation of judicial control and proceeding limits the try of typical cases by SPC and restricts supervision and guidance to local courts. It is considered that SPC's jurisdiction still do not get away from the condition exercising administratively, presenting the number of much more judges, the dismembered power, handling cases in low efficiency, supervision in multiple layers, but nobody responsible for the job.In the third part, the article demonstrates how to adjust the power roles. 1. To establish the restrictive relationship between the supreme judicial power and the supreme legislative power, and the supreme administrative power. SPC extends her scope and degree in administrative judgment to restrict the governmental behaviors. 2. To adjust the legal relation between SPC and the Supreme People's Procuratorate. It should be to establish the Supreme Prosecution Department under the State Council, and cancel the power to appeal SPC's final determination. 3. The dissertation summarized the ways in judicatory led by the Communist Party of China to follow the law, to lead and depend on her members.For its role and functions, SPC must adjust its structure : setting Panel and En Banc to try the cases, and system of justce is a better way. The constitutional committee set in SPC can examine the laws by the National People's congress and rules by the State Council if they are in line with the constitution and explain the constitution;To realize the system of the elite of justice, lifelong tenure, high salary system, equal power , restricted nomination and balance construction.At the point of modeling the functions of SPC, the dissertation believes that we should improve capital punishment judicial review system, abdicate the jurisdiction to civil appeal cases. Establishing a procedure system for third legal try step develops its policy formation functions by her precedents. Case judge takes the place of the way of "judicial explanation" to guide the judicatory of the whole country. Establishing the "dual standards" system realizes the law unified function. The scope and degree of the administrative judgment should be extended. And the procedures of capital punishment review, appeal to a higher court and complain perform the supervision and guidance to the lower courts.