The Orientation Of People's Court Under The System Of National People's Congress

Since the New China was set up, it has historically chosen the System of People's Congress as its form of government, and Democratic Centralism as the fundamental principle of organization to build the structual system of the national power, thus building up a socialistic constitutional government with Chinese characteristics. With this political background, the People's Court has play an indispensable role both in the national and social affairs. It must be pointed out that our people's court has different location of the role and the allocation of the function from the courts under the condition of American political system of Check and Balance. Admittedly, the current constitution and organization of people's court has already made specific regulations of the role and function the People's Court plays in the structure of national power, meaning the People's Court has the comparatively intact right for the role. However, the allocation of the static level doesn't transform into the dynamic level, the problems like deviation, offside and dislocation still exit in the role people's court plays in the practice of constitutional politics:the alienation of the supervise relationship between the National People's Congress and People's Court; the unbalance of parallel relationship between People's Court and People's Government; the political tendency of superior and the junior people's courts; the coexistence of irrational expansion of the functions of people's court and the partial contraction, etc. In order to solve these problems and drastically change the disorder of the allocation of people's court, the author think the following measures should be taken:firstly, the supervise relationship between the National People's Congress and People's Court should be restored and settled; secondly, the paralledl and balance relationship between People's Court and People's Government should be built up; finally, the functions of People's Court should be clearly defined. All in all, we should put the mentioned measures and suggestions into practice, and achieve the "necessity " of allocation of People's Court under the system of People's Congress, thus providing a right guidance for the reformational practice of People's Court.