Analysis Upon The Relationship Between The People's Congress And The Court

Since the reform and opening-up from 1978, our country has established the economical goal as constructing socialist market economy system and the political goal as building a socialist country under the rule of law. The economical goal has begun to realize and our country is marching into a well-off stage, however, the reform of political system has been making its way because of its arduous and sensitivity. At the same time it exposes too many questions: the constitution hasn't established the supreme authority, and it is not known for the masses. People's constitutional rights are violated for the sake of inadequate protection. The Court hasn't played the role in judging impartially and justly, so it can't protect lawful rights and interests of the citizens. At the same time, the court doesn't have the justice authority and its judgment can't gain people's regard. As the state's supreme power organization, the supervision of people's congress intervenes the independent exercise of the judicial power. The human resources, finance, assets of The Court are not independent because of the ties of local forces. The experience of the western capitalism countries in building law-ruled country indicates that the Check and Balance of Parliament and The Court, especially the justice independence as well as judicial review greatly established the judicial authority, it is an effective way of restricting country authority and protecting the rights and interests of the citizens. Therefore, it is necessary to straighten out the relationship between People's Congress and The Court, which will build up sound system basis for the socialist legal state.