On The Political Functions Of Courts

The main difference between present courts and ancient courts is that material changes have been taken on the relationship of jurisdiction and politics. In the political structure of separa tion of powers, through inquiring the specific cases and making judgments on concerning political actions,courts have the political functions of supervising the system of state,limiting the power of government,maintaining the system of constitutionalism,forming public policies and administering diplomatic policies,etc. The realization of the political functions of courts needs independent judici ary,professional judges,high authority of jurisdiction and expedite political channels,etc. But the political functions of courts are limited. Courts should have continence in the area,degree and time of intervening political affairs. We cannot confuse the difference of courts and politics,and the diffe rence of jurisdiction and other powers of state. We should balance the active role of jurisdiction and it's self-restraint when courts restrict other powers. To China,which is dedicating itself to realizing constitutionalism and rule of law,we have to correct peoples' misconstrue of the political functions of courts,remove the obstacles of conceptions and systems, and reconstruct the political functions of Chinese courts.