| Supreme People's Court of the People's Republic of China | |
|---|---|
| 中华人民共和国最高人民法院 | |
 Supreme People's Court Emblem | |
 Main gate | |
| 39°54′10.7″N 116°24′18.9″E / 39.902972°N 116.405250°E / 39.902972; 116.405250 | |
| Established | 22 October 1949 |
| Location | Beijing, China |
| Coordinates | 39°54′10.7″N 116°24′18.9″E / 39.902972°N 116.405250°E / 39.902972; 116.405250 |
| Composition method | Presidential selection with National People's Congress approval |
| Authorised by | Constitution of the People's Republic of China |
| Judge term length | 5 years |
| Website | english |
| President and Chief Justice | |
| Currently | Zhang Jun |
| Since | 11 March 2023 |
| Executive Vice President | |
| Currently | Deng Xiuming [zh] |
| Since | 5 July 2023 |
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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.
According to the Constitution of China, the Supreme People's Court is accountable to the National People's Congress. The court has about 400 judges and more than 600 administrative personnel.
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. 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 and began operating in November 1950. 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.
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.
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. Most staff members of the court were sent to the countryside, and the People's Liberation Army occupied the court from 1968 to 1973.
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. 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.
In 2005, the Supreme People's Court announced its intent to " back authority for death penalty approval" over concerns about "sentencing quality", 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. A 2008 report stated that since the new review process, the court has rejected 15 percent of the death sentences decided by lower courts.
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. 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.
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.
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. 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.
Legal interpretation
The court explains the application of laws in specific cases during a trial. 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.
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. However, the Supreme People's Court has never made such request.
Supervision of lower courts
The Supreme People's Court is also responsible for supervising the adjudication of lower courts and specialized courts.
Organization
- Divisions within the Supreme People's Court
- Case-Filing Division
- Criminal Divisions (5)
- Civil Divisions (4)
- Environment and Resources Division
- Administrative Division
- Judicial Supervision Division
- Departments within the Supreme People's Court
- State Compensation Division
- Enforcement Department (Enforcement Command Center)
- General Office
- Political Department
- Research office
- Adjudication Management Office
- Discipline and Supervision Department
- International Cooperation Department
- Judicial Administration and Equipment Management Department
- Party-Related Affairs Department
- Retirees'Affairs Department
- Information Department
- Circuit and other courts of the Supreme People's Court
- First Circuit (established in Shenzhen, Dec 2014)
- Second Circuit (established in Shenyang, Dec 2014)
- Third Circuit
- Fourth Circuit
- Fifth Circuit
- Sixth Circuit
- First International Commercial
- Second International Commercial
- Intellectual Property Court
President/Chief Justices and Vice Presidents of the Court
Main article: President of the Supreme People's Court- 1949–1954: Supreme People's Court of the Central People's Government
- President: Shen Junru
- 1954–1959: Supreme People's Court of the People's Republic of China under the 1st National People's Congress
- President: Dong Biwu
- Vice Presidents: Gao Kelin, Ma Xiwu, Zhang Zhirang
- 1959–1965: 2nd National People's Congress
- President: Xie Juezai
- Vice Presidents: Wu Defeng, Wang Weigang, Zhang Zhirang
- 1965–1975: 3rd National People's Congress
- President: Yang Xiufeng
- Vice Presidents: Tan Guansan, Wang Weigang, Zeng Hanzhou, He Lanjie, Xing Yimin, Wang Demao, Zhang Zhirang
- 1975–1978: 4th National People's Congress
- President: Jiang Hua
- Vice Presidents: Wang Weigang, Zeng Hanzhou, He Lanjie, Zheng Shaowen
- 1978–1983: 5th National People's Congress
- President: Jiang Hua
- Vice Presidents: Zeng Hanzhou, He Lanjie, Zheng Shaowen, Song Guang, Wang Huaian, Wang Zhanping
- 1983–1988: 6th National People's Congress
- President: Zheng Tianxiang
- Vice Presidents: Ren Jianxin, Song Guang, Wang Huaian, Wang Zhanping, Lin Huai, Zhu Mingshan, Ma Yuan
- 1988–1993: 7th National People's Congress
- President: Ren Jianxin
- Vice Presidents: Hua Liankui, Lin Huai, Zhu Mingshan, Ma Yuan, Duan Muzheng
- 1993–1998: 8th National People's Congress
- President: Ren Jianxin
- Vice Presidents: Zhu Mingshan, Xie Anshan, Gao Changli, Tang Dehua, Liu Jiachen, Luo Haocai, Li Guoguang, Lin Huai, Hua Liankui, Duan Muzheng, Wang Jingrong, Ma Yuan
- 1998–2003: 9th National People's Congress
- President: Xiao Yang
- Vice Presidents: Zhu Mingshan, Li Guoguang, Jiang Xingchang, Shen Deyong, Wan Exiang, Cao Jianming, Zhang Jun, Huang Songyou, Jiang Bixin
- 2003–2007: 10th National People's Congress
- President: Xiao Yang
- Vice Presidents: Cao Jianming, Jiang Xingchang, Shen Deyong, Wan Exiang, Huang Songyou, Su Zelin, Xi Xiaoming, Zhang Jun, Xiong Xuanguo
- 2008–2013: 11th National People's Congress
- President: Wang Shengjun
- Vice Presidents: Shen Deyong (Executive), Zhang Jun, Wan Exiang, Jiang Bixin, Su Zelin, Xi Xiaoming, Nan Ying, Jing Hanchao, Huang Ermei
- 2013–2018: 12th National People's Congress
- President: Zhou Qiang
- 2018—2023: 13th National People's Congress
- President: Zhou Qiang
- Vice Presidents: He Rong (Executive), Jiang Wei, Tao Kaiyuan, Gao Jinghong, Yang Wanming, Yang Linping, He Xiaorong, Shen Liang
- 2023—present: 14th National People's Congress
- President: Zhang Jun
See also
- Judicial system of China
- Supreme People's Procuratorate – China's highest prosecutor's office
- Three Supremes
References
- About the Supreme People's Court Archived 1 September 2018 at the Wayback Machine (Chinese)
- 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."
- 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.
- ^ Qi, Ding (2019). The Power of the Supreme People's Court: Reconceptualizing Judicial Power in Contemporary China. Abingdon-on-Thames, Oxford: Routledge. ISBN 9780429199479.
- 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
- "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.
- ^ 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.
- ^ 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.
- Dickie, Mure (27 October 2005). "China's top court to review all death sentences". Financial Times.
- "China changes law to limit death sentence". China Daily. 31 October 2006. Archived from the original on 27 March 2008.
- Bodeen, Christopher (10 April 2008). "China Hails Reform of Death Penalty". San Francisco Chronicle. Archived from the original on 21 September 2008.
- ^ Brussee, Vincent (2023). Social Credit: The Warring States of China's Emerging Data Empire. Singapore: Palgrave MacMillan. ISBN 9789819921881.
- "China's New Supreme People's Court IP Tribunal". www.rouse.com. Archived from the original on 12 April 2019. Retrieved 12 April 2019.
- Li, David Daokui (2024). China's World View: Demystifying China to Prevent Global Conflict. New York, NY: W. W. Norton & Company. ISBN 978-0393292398.
- 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
- "Archived copy". Archived from the original on 18 April 2019. Retrieved 18 April 2019.
{{cite web}}: CS1 maint: archived copy as title (link) - "First Circuit Court of the Supreme People's Court established". Archived from the original on 4 March 2016. Retrieved 28 April 2015.
- "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.
External links
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