On Case Supervision By National People's Congress System

Case supervision by National People's Congress(thereafter NPC) System is one of the important systems according to which NPC and its Standing Committee exert supervision on the cases dealt with by People's Court. Case supervision is legislative legal, unilateral, ex post facto and procedural, carried out by County People's Congress and its Standing Committee, or its superior. The object of case supervision is jurisdiction and jurisdictional behavior, including all serious illegal cases dealt with by People's Court in all levels.Due to the different state system and regime system, there is a lot of difference between case supervision system in western countries (separation of the executive, legislative and judicial powers) and the Chinese one (case supervision by NPC system), which is characterized with socialism. At present the issue concerning case supervision by NPC has been listed in the legislative agenda. The final outcome will soon be imminent, which causes lots of controversy in the field of jurisprudence since many problems did occur when the local NPC and its Standing Committee in all levels practiced case supervision. However, the controversy and the existing problems don't negate the legality, reasonability and feasibility of case supervision bye NPC system. On the contrary, it shows us a profile that it is quite necessary and urgent to perfect and enhance case supervision by NPC, particularly to fasten the tempo of perfecting procedural legislation of case supervision by NPC.The construction of case supervision by NPC, built on the ground of Chinese political system, should follow some basic principles such as adequacy, indirect retroactivity, juridical extremity extremity, efficiency, efficiency, collective supervision, abstention and etc. What's more, it should adhere to the priority principle of procedure interior value so that the thereby common procedures and special procedures are reasonable and feasible. To perfect and further case supervision system by NPC, we should have clear recognition and full mastery of the relationships of case supervision system by NPC with maintenance of jurisdiction independence, with the CCP leadership in jurisdiction, with support to People's Court sentences in all levels.