Supreme People's Court

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Supreme People's Court of the People's Republic of China
中华人民共和国最高人民法院
P.R.C Court Insignia.svg
Supreme People's Court Emblem
Supreme peoples court china.jpeg
Main gate
Supreme People's Court
39°54′10.7″N116°24′18.9″E / 39.902972°N 116.405250°E / 39.902972; 116.405250
Established22 October 1949 [1]
Location Beijing, China
Coordinates 39°54′10.7″N116°24′18.9″E / 39.902972°N 116.405250°E / 39.902972; 116.405250
Composition methodPresidential selection with National People's Congress approval
Authorised by Constitution of the People's Republic of China
Judge term length5 years
Website english.court.gov.cn OOjs UI icon edit-ltr-progressive.svg
President and Chief Justice [2]
Currently Zhang Jun
Since11 March 2023
Executive Vice President
Currently Deng Xiuming  [ zh ]
Since5 July 2023
The front facade of the Supreme People's Court in Beijing China. More China 040.JPG
The front facade of the Supreme People's Court in Beijing China.

The Supreme People's Court of the People's Republic of China (SPC) is the highest court of the People's Republic of China. It hears appeals of cases from the high people's courts and is the trial court for cases about matters of national importance.

Contents

According to the Constitution of China, the Supreme People's Court is accountable to the National People's Congress. [3] [4] : 14  The court has about 400 judges and more than 600 administrative personnel. [4] : 16 

The court serves as the highest court for the People's Republic of China and also for cases investigated by the Office for Safeguarding National Security in Hong Kong. [5] The special administrative regions of Hong Kong and Macau have separate judicial systems based on British common law traditions and Portuguese civil law traditions respectively, and are out of the jurisdiction of the Supreme People's Court.

History

The Supreme People's Court was established on 22 October 1949 [6] and began operating in November 1950. [7] : 146  At least four members of the first court leadership did not come from a legal background, and most of its first staff were assigned from the People's Liberation Army to the Court. [7] : 146 

The functions of the court was first outlined in the Chinese constitution in its 1954 version, which said the court has the power of independent adjudication and is accountable to the National People's Congress. [8] : 76–77 

During the Cultural Revolution, the 1975 constitution removed the provision that said courts were to decide cases independently and required them to report to revolutionary committees. [8] : 77  Most staff members of the court were sent to the countryside, and the People's Liberation Army occupied the court from 1968 to 1973. [7] : 147 

Following the end of the Cultural Revolution in 1976, the Supreme People's Court began to focus on legal issues, especially those related to civil and commercial law, because of China's economic liberalization under new leader Deng Xiaoping. [7] : 147  The independent power of adjudicate cases returned to the constitution with the 1982 amendment, which explicitly states the courts' right of adjudication cannot be influenced by administrative organs, social organizations and individuals. [8] : 77 

In 2005, the Supreme People's Court announced its intent to "[take] back authority for death penalty approval" over concerns about "sentencing quality", [9] and the National People's Congress officially changed the Organic Law on the People's Courts to require all death sentences to be approved by the Supreme People's Court on 31 October 2006. [10] A 2008 report stated that since the new review process, the court has rejected 15 percent of the death sentences decided by lower courts. [11]

As part of an effort to build judicial credibility through more effective enforcement of court orders, the SPC in 2013 promulgated a blacklist composed of Chinese citizens and companies that refuse to comply with court orders (typically court orders to pay a fine or to repay a loan) despite having the ability to do so. [12] : 53  As of 2023, the SPC's blacklist is one of its most important enforcement tools and its use has resulted in the recovery of tens of trillions of RMB for fines and delinquent repayments. [12] : 53 

On 1 January 2019, the Intellectual Property Tribunal of the Supreme People's Court was established to handle all second instance hearings from cases heard in the first instance by the Intellectual Property Courts. [13]

Functions

Adjudication

The Supreme People's Court exercises its original jurisdiction over cases placed with the court by laws and regulations and those the court deems within its jurisdiction. It is generally selective in the matters it hears, focusing on those with the potential to impact future similar cases. [14] : 63  It also reviews appeals or protests against trial decisions or verdicts of high people's courts and special people's courts, as well as appeals against court judgments lodged by the Supreme People's Procuratorate according to trial supervision procedures. When the court has discovered errors in the rulings and verdicts of lower courts that are already enforced, it investigates or appoints a lower court to rehear the case.

The court also approves death sentences and suspended death sentences handed down by lower courts. It also approves verdicts on crimes not specifically stipulated in the criminal law.

The court explains the application of laws in specific cases during a trial. [15] Further details about this were described by Zhou Qiang as:

The reply is a request for a specific case. Its legal binding force is limited to the case itself and does not have universal legal effect. In other cases, the judge cannot directly use the above reply as the basis for the judgment. For documents that have universal effectiveness and guide courts at all levels, the Supreme People's Court generally publishes it in the form of judicial interpretation and can make inquiries in newspapers and on the Internet. [16]

While the Chinese constitution does not state that courts have the power to review laws for their constitutionality (see constitutional review), the Supreme People's Court can request the Standing Committee of the National People's Congress to evaluate whether an administrative rule, local regulation, autonomous regulation or separate regulation contravenes the constitution or a national law. [8] : 74  However, the Supreme People's Court has never made such request. [8] : 78 

Supervision of lower courts

The Supreme People's Court is also responsible for supervising the adjudication of lower courts and specialized courts. [8] : 71 

Organization

Divisions within the Supreme People's Court
Departments within the Supreme People's Court
Circuit and other courts of the Supreme People's Court
  1. First Circuit (established in Shenzhen, Dec 2014) [17]
  2. Second Circuit (established in Shenyang, Dec 2014) [18]
  3. Third Circuit
  4. Fourth Circuit
  5. Fifth Circuit
  6. Sixth Circuit
  7. First International Commercial
  8. Second International Commercial
  9. Intellectual Property Court

President/Chief Justices and Vice Presidents of the Court

  1. 1949–1954: Supreme People's Court of the Central People's Government
  2. 1954–1959: Supreme People's Court of the People's Republic of China under the 1st National People's Congress
  3. 1959–1965: 2nd National People's Congress
  4. 1965–1975: 3rd National People's Congress
  5. 1975–1978: 4th National People's Congress
  6. 1978–1983: 5th National People's Congress
  7. 1983–1988: 6th National People's Congress
  8. 1988–1993: 7th National People's Congress
  9. 1993–1998: 8th National People's Congress
  10. 1998–2003: 9th National People's Congress
  11. 2003–2007: 10th National People's Congress
  12. 2008–2013: 11th National People's Congress
  13. 2013–2018: 12th National People's Congress
  14. 2018—2023: 13th National People's Congress
  15. 2023—present: 14th National People's Congress

See also

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References

  1. ↑ About the Supreme People's Court Archived 1 September 2018 at the Wayback Machine (Chinese)
  2. ↑ Judges Law of the People's Republic of China, Article 16: "Judges are divided into twelve grades. The President of the Supreme People's Court is the Chief Justice."
  3. ↑ Ahl, Björn (6 May 2019). "Judicialization in authoritarian regimes: The expansion of powers of the Chinese Supreme People's Court". International Journal of Constitutional Law . 17 (1): 252–277. doi: 10.1093/icon/moz003 . ISSN   1474-2640.
  4. 1 2 Qi, Ding (2019). The Power of the Supreme People's Court: Reconceptualizing Judicial Power in Contemporary China. Abingdon-on-Thames, Oxford: Routledge. ISBN   9780429199479.
  5. ↑ Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (56). National People's Congress. 1 July 2020. Archived 3 July 2020 at the Wayback Machine
  6. ↑ "Zuigao Renmin Fayuan jianjie" 最高人民法院简介 [About the Supreme People's Court]. Supreme People's Court (in Simplified Chinese). Archived from the original on 1 September 2018. Retrieved 13 June 2021.
  7. 1 2 3 4 Finder, Susan (1993). "The Supreme People's Court of the People's Republic of China" . Journal of Chinese Law. 7 (2): 145–224. Archived from the original on 14 June 2021. Retrieved 6 February 2023.
  8. 1 2 3 4 5 6 Han, Dayuan; Yu, Wenhao; Yang, Xiaomin; Chen, Guofei (2017). "Zhongguo Tese Shehui Zhuyi sifa zhidu de xianfa jichu" 中国特色社会主义司法制度的宪法基础[Constitutional basis of the socialist judicial system with Chinese characteristics]. In Chen, Guiming (ed.). Zhongguo Tese Shehui Zhuyi sifa zhidu yanjiu中国特色社会主义司法制度研究[A study of the socialist judicial system with Chinese characteristics] (in Simplified Chinese). Beijing: Renmin University Press. pp. 23–143. ISBN   978-7-300-23913-2.
  9. ↑ Dickie, Mure (27 October 2005). "China's top court to review all death sentences". Financial Times .
  10. ↑ "China changes law to limit death sentence". China Daily. 31 October 2006. Archived from the original on 27 March 2008.
  11. ↑ Bodeen, Christopher (10 April 2008). "China Hails Reform of Death Penalty". San Francisco Chronicle. Archived from the original on 21 September 2008.
  12. 1 2 Brussee, Vincent (2023). Social Credit: The Warring States of China's Emerging Data Empire. Singapore: Palgrave MacMillan. ISBN   9789819921881.
  13. ↑ "China's New Supreme People's Court IP Tribunal". www.rouse.com. Archived from the original on 12 April 2019. Retrieved 12 April 2019.
  14. ↑ Li, David Daokui (2024). China's World View: Demystifying China to Prevent Global Conflict. New York, NY: W. W. Norton & Company. ISBN   978-0393292398.
  15. ↑ The National People's Congress of the People's Republic of China. The Supreme People's Court (SPC) Archived 13 September 2018 at the Wayback Machine
  16. ↑ "Archived copy". Archived from the original on 18 April 2019. Retrieved 18 April 2019.{{cite web}}: CS1 maint: archived copy as title (link)
  17. ↑ "First Circuit Court of the Supreme People's Court established". Archived from the original on 4 March 2016. Retrieved 28 April 2015.
  18. ↑ "最高法第二巡回法庭在沈阳揭牌 巡回辽吉黑三省(图)". news.ifeng.com. Archived from the original on 2 July 2015. Retrieved 28 April 2015.
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