Judicial Power Under Supervision Of Local Organs Of State Power

Judicial power is a power exercised by the state judicial organs to hear and judge various cases in accordance with the Constitution and law, which is a major part of state power. For people's courts at various local levels independently exercising judicial power, if this judicial power is not under supervision, this will surely cause non-authoritative laws, unjust, false or wrong cases, judicial corruption, and infringements on social fairness and justice. As the local organs of state power, local people's congresses at various levels and their standing committees supervise judicial power in line with the people's authorization and on behalf of people, which not only is in accordance with provisions of the Constitution and the law and the spirit of rule of law but is the people's ardent expectation as well. The local organs of state power have their own characteristics when supervising judicial power, which should comply with relevant principles and be localized reasonably. With the acceleration of nation's democratic and legal construction, judicial power exerts an increasing influence on all walks of life and society. As shown from the development history of the supervision of local people's congresses at various levels, awareness for the supervision of local organs of state power over judicial power has enhanced substantially, authorization increased continuously, actual effect heightened manifestly and supervision has stepped on the track of legalization. However, because of lack of supervision awareness and defects of supervising system of people's congresses themselves, problems have been existing such as inadequately-exercised authority, insufficient rigidity, judicial zing and administrating trend, and localism, etc. Local organs of state power should enhance and perfect the supervision of judicial power in terms of legislation, system, organs, procedures, etc. in order to maintain judicial fairness, to eliminate arbitrary judicial decision, to ensure that judicial organs at all levels perform judicial function according to law, and to prevent abuse, distortion, variation of judicial power. In light of this, awareness should be heightened to perform supervising authority according to law, perfect supervising organs and procedures, accelerate reform of supervising means, as well as to establish and improve report and communication system, complaining system, supervising system for appointing and dismissing judges, filing and inspecting system and other relevant systems. This issue is studied by means of comparative analysis, case study, interviews with experts, etc. for purpose of pondering the supervision over judicial power.