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A Discussion On The Change Of Role And Function Of The Supreme Court At Society Transforming Period

Posted on:2013-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:R Q XieFull Text:PDF
GTID:2256330425950886Subject:The constitution and administrative law
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Since performing the reform and open-up policy, China has experiencing the acceleratingtransformation period, namely from the traditional to the modern society, from the agriculturalto the industrial society, from the closed to the open society. In the same time, the socialaspect of economic system, social structure and cultural idea confront with correspondentlydrastic changes. With over thirty years reforming, the Supreme People’s Court (hereinafterreferred to as the Supreme Court) has been trying to respond the needs of the change that is tobutt and to fit in the transitional society. During this period, the characteristic that mixedjudicial is quite obvious. Reviewing from the Supreme Court official report from year1980to2010, with digging out the essence of each alternation behind its text of each year’s report, Ican draw the track of the development path of Chinese justice.Comparing the passage, structure, scale, content, words of the official report, I can findthe changes of the Supreme Court. They are the main emphasis of the work, the political task,and the judicial idea respectively. Viewing the aspect of the main emphasis of the work, swiftfrom emphasizing trial function to paying attention to its own construction, it shows thesummary trial work of text ratio decreased year by year. While in the aspect of the teamconstruction, the court reform and the system innovation are increasing during the sameperiod. In speak with the political task; it witnessed from the simply guaranteeing stability tothe depth of the safeguard social harmony, meanwhile the concept of the governanceadvanced with times either. In the field of the judicial idea, it is from the requirements ofsimple seeking truth to the urge of justice for people, which constantly meets the newadvocate in the new period. Under these series of changes, they implied the transformation ofthe function, the role, and the mode of power operation of the Supreme Court. With thesechanges,the separation of power is being more and more reasonable, economy and financebeing sustainable growth, the demand of social rules being increasing, the legal values beingaccepted and promoted by people, judge’s degree of specialization improving significantly.Also,all these consequence promote the function of the Supreme Court from paying attentionto the dispute resolution to the strengthen of public policy formation, the role of the SupremeCourt being from the tool rationality to value rationality and the power operation of theSupreme Court being from politicized toward specialized. So I can draw the conclusion that the transformation of the Supreme Court is partly successful, but also needs further perfection.In the role position, the main promotion is to alter the Supreme Court from superior court ofall to the court of appeal by means of constructing a scientific trial-level system, establishingreasonable case screening system, reforming jurisdiction regulations, constructing appealreview judicial knowledge. In the political function field, it is the emphasis to expand and citethe political function by expanding the scope of the judicial review, giving full scope to thefunction of case guidance system, optimizing judicial interpretation function measures. In thearea of the power operation, it should balance the relationship between the judicial power andthe external powers, which is handling relationship properly between the Supreme Court andthe Party, the National People’s Congress,the media respectively.While, the meaning and the value of the Supreme Court’s report should not be tooovervalued, I would not take it seriously. The report just draws the partial truth of China’slegal system development. It exist some deviation between the image, orientation, function,role of the Supreme Court in the report and in the real world. Under the background of thesocial transformation, the Supreme Court’s concept, function, role and power operation modehas not established completely and entirely. This must be a process with continuoustrial-and-error, ongoing exploration and constantly improving.
Keywords/Search Tags:the Supreme People’s Court, work report, function of the SupremeCourt, role of the Supreme Court, the mode of power operation of the Supreme Court
PDF Full Text Request
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