Study On The The Functional Orientation And Transition Of China's High Court

The court is the national judicial organ,which shoulders the judicial function of resolving disputes.However,at present,there are many problems in the process of the function of the court in our country.First of all,on the normative level,the function orientation of the court is single,which is not consistent with the fact that the court bears multiple functions in reality,and it is not conducive to give full play to the functions that the court should have.Secondly,there is no scientific and reasonable division of functions among all levels of courts in China,showing the phenomenon of functional homogeneity.Finally,there are two antinomy phenomena in the function undertaking of the court: on the one hand,the irrational expansion of the court's function has undertaken many non judicial functions that should not have been undertaken;on the other hand,the large-scale shrinkage of the court's function,which shows some functions that should be undertaken by the court have not been implemented.Specifically in the view of the higher people's court,as the highest level local court,it needs to deal with more complicated matters to undertake the guidance of the Supreme People's court to the local courts at all levels,and the existence of the above problems is more prominent.In recent years,China has carried out many reform measures in promoting the transformation of the functions of the higher people's court,which has promoted the hierarchical division of judicial functions,thestrengthening of judicial administrative functions and the gradual development of administrative functions.There is no doubt that these efforts are of great benefit to the improvement and standardization of the functions of the high court,and provide direction for the subsequent transformation.At the same time,some problems and deficiencies in these reforms can trigger deeper thinking.However,we should note that the functions of the high court need to be further transformed.By examining the operation mode and the status of the function undertaking of the courts in other countries,the author believes that in the future,the function orientation of the high court should break through the single positioning on the normative level and turn to diversification,and the specific function undertaking on the practical level can be adjusted as follows: in terms of the judicial function undertaking,the high court should gradually reduce or even completely reject the first instance cases,and focus on undertaking the function of the second instance final trial and the function of the retrial supervision;in terms of the administrative management function undertaking,the high court should distinguish the difference between the administrative function and the judicial supervision function,the high court should play a good role in management on the basis of full respect for the equal and independent relationship between the courts at all levels;on the assumption of the power supervision function,the high court should develop from the two main lines of internal supervision and external supervision,internal coordination for the supervision and management of the lower courts,strengthen external judicial supervision over other government agency.Besides,the high court should play due role in unifying the applicable standards of laws and creating public policies in its jurisdiction.