The Research Of The Court Report To The NPC Work System

As a typical Chinese-style political and legal system, report on the work of the Court is the basic way of National People’s Congress Standing Committee. Take the Supreme People’s Court and previous reports as an example and carefully examining the formation and evolution of the work report of the Court system to observe and describe the operation of the system on the basis of the analysis of it, thus to expand the interpretation of the direction and destiny of the court reporting system.China’s legal system is developed on the basis of the legal traditions in the Shaanxi-Gansu-Ningxia Border Region. This new legal tradition gained its maturity through the struggle against the old justice of KMT. The formation of the work of the court reporting system has probably gone through four stages:report on the work of the Court system was conceived before the founding of new China in the Shaanxi-Gansu-Ningxia Border Region and Liberated area; the period from the founding of new China to the pre-Cultural Revolution; having been practiced in the regime of border area and been tried out twice after the founding of new China, the court reporting system had finally obtained formal legal requirements, the legalization basis of the report on the work of the Court system is fully constructed and the work reporting system has been established and developed. During the period of the Cultural Revolution, the legal system has been totally collapsed, report on the work of the Court system was in a stagnant state. The first meeting of the Fifth National People’s Congress held in February1978restored the people’s congress system. The People’s Court also began to recover and re-construct. Report on the work of the Court system has been restored and consummated.How to practice the report on the work of the Court in China’s political activities? Using the report on the work of the Supreme People’s Court as the starting point, three main aspects have been addressed:formation、content、deliberations and resolutions of the report.Rooted in our political life, report on the work of the Court system must have its functions and values. From the legislative intent and content provision of the current Constitution, the court reporting to the NPC is conformed to our constitutional system, and embodies the requirements of collectivism as well. Under the collective independent judicial system in our country, report on the work of the Court system meets the traditional understanding of the status and functions of the Court. Report on the work of the Court system provides the necessary possibilities for its supervisory function. Since the date of birth, report on the work of the Court system takes up the supervisory function in theory. From the actual operating results of the supervisory function, through the form of the work of the Court reporting system and the way of considering and voting on the report on the work of the Court, the promise of the Constitution that people become master and supervise People’s Court has been achieved. On the function of Report on the work of the Court system, it’s a way for the court to bear the political function, which can reflect the degree of satisfaction of people to the country’s legal system, and can highlight the ceremony of the People’s Congress system. The level of turnout of the court tends to have a great relationship with a judicial status. Compared with the State Council, the rate of Supreme People’s Court’s turnout has not been too high, which reflects the NPC deputies’dissatisfaction to the criminal, social security and judicial corruption. This dissatisfaction has a large relationship with the Supreme Court, but not so large, but the Supreme Court has only become a symbol. As an integral part of national institutions, the court will inevitably associate with other agencies in the state system. The set of various agencies not only must ensure the complication of all kinds of the national daily transactions, but also can save costs and achieve efficiency in this process as much as possible. The cumbrance of national affairs and the limitation of institutions make the organization of court assume judicial functions when necessary.Some problems of Report on the work of the Court system are exposed in the political life:the National People’s Congress denying the report on the work of the Court makes it difficult to determine the responsibilities; the court reporting to the NPC will easily cause the judicial power of localization; the court reporting to the NPC will affect the independence and authority of the judicature; the court reporting to the NPC will further lead to the jurisdiction. Currently, report on the work of the Court system deposits a fee dispute. The abolition of a court reporting system alone can not solve the problem of the further administration of judicial power. To solve these problems can only through our judicial system. The problems can be improved through the following measures:canceling the report on the work of the Court system of voting links, improving the content of the report on the work of the court, and reflecting in-depth the outcome of the deliberations.