On The Upper And Lower Levels Of The People’s Court

In accordance with the law, the people’s courts at all levels shall, in accordance with the law, exercise judicial organs at all levels of the independent exercise of judicial power. But in the judicial practice, what is the relationship between the upper and lower courts? In terms of the constitutional level, the relationship between superior and inferior courts relating to judicial power in the national power architecture; level of judicial reform, function orientation of the upper and the lower courts relationship concerns at all levels of the judicial power; each judge, lower court on the relationship between their daily work.Since the founding of the PRC, the relationship between the upper and lower courts has been repeatedly positioning. The current "constitution", "people’s court organization law" on this issue, has been clearly defined with the "supervision and supervision of the relationship between the lower court". And the Supreme People’s court in the judicial practice of the introduction of the "on the norms of the lower court, the number of business relations," the supervision and guidance of this provision is still vague. As for the supervision of the way, not only the understanding of the theory, the practice is to act as one pleases. According to the relevant provisions of the three litigation law, the superior court to the lower court of the trial supervision of the specific way is the second trial and retrial, is for the case rather than all the cases, is after the supervision rather than the full supervision, is a passive supervision and not active supervision, is the procedural supervision. The general understanding of the relationship between the superior and inferior courts shall be included in the supervisory relationship. In the judicial practice, in some areas, the upper and lower courts have gradually appeared in the relationship between leadership and management, and the judicial power is becoming more and more administrative. Such as case guidance, case reporting system, etc., in violation of the relevant laws and regulations, and obviously have the right to appeal of the parties.The people’s courts at all levels based on the most daily trial activities, the formation of the corresponding trial business relationship between each other. The relationship between the trial and grade is a kind of judicial supervision, which is based on the legal procedure. It is a kind of normalization, standardization and institutionalization. The construction of the trial level system must be based on the level of independence. In our country, the relationship between the upper and the lower courts in many aspects and judicial independent deviated from especially in case instruction system and send the retrial of the inner function. For the protection of the parties interests of litigation should be recovery procedure of trial supervision mechanism, and the case request system and review the letter of advice to improve the timely.In the process of our country’s judicial reform, it is undoubtedly a major issue to regulate the relationship between the lower courts. The purpose of judicial reform is to protect the judge’s independent trial power, the most important is to go to the administrative interference. We can this as an opportunity to continue to deepen reform, get rid of the administration of justice, and the place of the ills, further refinement of the lower court supervision and being supervised, and gradually improve the case for instructions, with the retrial system, normative structure, reasonable upper and lower court relationship. To prevent the superior court from the trial supervision on the grounds, the line of leadership relations.This article is about the central issue of the trial supervision of the lower court, the use of empirical and comparative research methods, and a detailed analysis of the. The purpose of the study is to explore the relationship between the upper and lower courts, and to explore the future trend of the relationship between the lower courts.