The Rational And Normative Study Of Relationship Between Superior And Inferior Court In China

As a judicial apparatus to judge disputes and ensure citizen’s infringed rights to be relieved, every court must be free, subjective and impartial when dealing with the cases so that it can make the right verdicts and achieve its basic trial functions. But in practice, superior courts and inferior courts aren’t independent of each other, more over, they become more and more administrative. Superior courts always intervene inferior courts’ concrete trial activities by means of making instructions for concrete cases or offering suggestions when remanding the case, besides, control of inferior courts’ personnel matters and other administrative affairs also has an influence on inferior courts’ independence, not only weakening its functions, but also affecting judicial justice and civil rights. So it has important theoretical values and practical significance how to regulate relationship between superior courts and inferior courts.The contents of relationship between superior and inferior courts can be divided into three parts:to supervise trial activities, co-manage its personnel, manage other administrative affairs, such as performance appraisal, infrastructure management and so on. The Constitution and Court Organization Act provide:the superior courts supervise inferior courts’ trial works. So the superior courts can only use lawful ways within the statutory authority. But in reality, superior courts use multiple ways on no legal basis, such as offering suggestions for cases on trial and requesting inferior courts to implement them. No autonomous personnel management, unconscionable performance appraisal, no consistent profession safeguards for judges, finance dependence are all reasons for administrative relationship between them.Once problems are discovered, they must be resolved. Because the administrative relationship between them has a bad effect on trial function and judicial justice, we must take actions to regulate it. We regulate it on basis of independence trial concept, by means of establishing systems and with the purpose of impartial trial and assertion of rights. Of all the institutionalization is the most important guarantee for the goal. As for the trial supervision, we should regulate the system of court rank, insist on independence on every rank of court; improve legislation, clearly define the ways and procedures superior courts ought to abide when they supervise inferior courts; rationally divide functions of every rank of courts, define scope of official duties, increase efficiency; enact some statutes to regulate procedures and limits of authority that superior courts ought to obey when they institute interpretive papers; establish guiding cases system, which suggests the supreme people’ court to select some typical cases to publish, highlighting the ways how the trial court found out the truth, verified the evidences, applied the laws and reasoned,so that it can enhance courts’ abilities. As for the personnel management, we should establish admission rules for judges, improve systems for judges’ profession safeguard to avoid superior courts’ intervention of inferior courts’ independent trial. As for other administrative affairs, we should establish scientific and rational performance appraisal. Superior courts must set up modern management philosophy so that it can not only maintain good orders, but also inspire their creativities and initiatives and finally set up a harmonious relationship.Independent justice calls for rational and regular relationship between superior and inferior courts. Only with the independence of each other,can we implement courts’ function and finally achieve our goal of law-based society.