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    Supreme People's Court of The People's Republic of China

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    Orgito Leka
    The Supreme People's Court of China is the highest court in China. It exercises appellate jurisdiction over cases from high people's courts and has original jurisdiction over important national cases. It is responsible for approving death sentences from lower courts. The court also has a quasi-legislative role by issuing judicial interpretations and rules on court procedures. It is accountable to the National People's Congress and seeks to balance judicial independence with being part of the governmental structure.

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    Supreme People's Court of The People's Republic of China

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    Orgito Leka
    184 views10 pages
    The Supreme People's Court of China is the highest court in China. It exercises appellate jurisdiction over cases from high people's courts and has original jurisdiction over important national cases. It is responsible for approving death sentences from lower courts. The court also has a quasi-legislative role by issuing judicial interpretations and rules on court procedures. It is accountable to the National People's Congress and seeks to balance judicial independence with being part of the governmental structure.

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    The Supreme People's Court of China is the highest court in China. It exercises appellate jurisdiction over cases from high people's courts and has original jurisdiction over important national cases. It is responsible for approving death sentences from lower courts. The court also has a quasi-legislative role by issuing judicial interpretations and rules on court procedures. It is accountable to the National People's Congress and seeks to balance judicial independence with being part of the governmental structure.

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    Download as docx, pdf, or txt
    184 views10 pages

    Supreme People's Court of The People's Republic of China

    Uploaded by

    Orgito Leka
    The Supreme People's Court of China is the highest court in China. It exercises appellate jurisdiction over cases from high people's courts and has original jurisdiction over important national cases. It is responsible for approving death sentences from lower courts. The court also has a quasi-legislative role by issuing judicial interpretations and rules on court procedures. It is accountable to the National People's Congress and seeks to balance judicial independence with being part of the governmental structure.

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    Supreme People's Court

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    This article is about the highest court of the People's Republic of China. For other uses,
    see Supreme People's Court (disambiguation).
    For the highest court of Taiwan, see Supreme Court of the Republic of China.
    This article needs additional citations for verification. Please
    help improve this article by adding citations to reliable sources.
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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
    Zhōnghuá Rénmín Gònghéguó
    Zuìgāo Rénmín Fǎyuàn

    Emblem of the People's Courts of the People's Republic of


    China

    Established 22 October 1949[1]

    Location Beijing, China

    39°54′10.7″N 116°24′18.9″ECoordinates: 
    Coordinates
    39°54′10.7″N 116°24′18.9″E

    Composition Presidential selection with National People's


    method Congress approval

    Authorized Constitution of the People's Republic of


    by China

    Judge term 5 years


    length

    Website http://www.court.gov.cn/

    President and Chief Justice[2]

    Currently Zhou Qiang

    Since 15 March 2013

    Executive Vice President

    Currently Shen Deyong

    Since 24 April 2008

    The main gate of the Supreme People's Court in Beijing.

    The front facade of the Supreme People's Court in Beijing China.

    Politics of China
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     CCP Central Politics and Law Commission


    Secretary: Guo Shengkun
     Supreme People's Court
    President: Zhou Qiang
    People's Courts Judicial Police
     Supreme People's Procuratorate
    Prosecutor General: Zhang Jun
    People's Procuratorates Judicial Police

     State Council
    o Ministry of Public Security

    Minister: Zhao Kezhi (State Councilor)


    Public Security Organs People's Police

     State Immigration Administration


     Local public security bureaus
    o Ministry of State Security

    Minister: Chen Wenqing
    State Security Organs People's Police
    o Ministry of Justice

    Minister: Fu Zhenghua
    Judicial Administrative Organs People's Police

     Bureau of Prison Administration [zh]


    o Office for Safeguarding National Security of the
    CPG in the HKSAR

     Urban Management (chengguan)
     Judiciary of Hong Kong
    o Court of Final Appeal
     Department of Justice
    o Prosecutions Division
     Law enforcement in Hong Kong
     Security Bureau
    o Regular Disciplined Services
     Hong Kong Police Force

     Judiciary of Macau
    o Court of Final Appeal
    o Public Prosecutions Office
     Secretariat for Security
    o Macau Security Force
     Unitary Police Services [zh]
     Public Security Police
     Judiciary Police [zh]

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    The Supreme People's Court of the People's Republic of China (SPC; Chinese: 最


    高人民法院; pinyin: Zuìgāo Rénmín Fǎyuàn) is the highest court of the People's
    Republic of China. It exercises appellate jurisdiction over cases that originated from
    the high people's courts and original jurisdiction over cases concerning matters of
    national importance. The court also has a quasi-legislative power to issue judicial
    interpretations and adjudication rules on court procedure. [3]: 182 
    According to the Chinese constitution, the Supreme People's Court is accountable to
    the National People's Congress, which prevents the court from functioning separately
    and independently of the governmental structure. [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.

    Contents

     1History
     2Functions
    o 2.1Adjudication
    o 2.2Legal interpretation
    o 2.3Supervision of lower courts
     3Organization
     4President/Chief Justices and Vice Presidents of the Court
     5See also
     6References
     7External links

    History[edit]
    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 staff members came from the military. [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]
    Since March 2013, the President of the Supreme People's Court and Grand Chief
    Justice has been Zhou Qiang.
    In 2013, the court began a blacklist of debtors with roughly thirty-two-thousand names.
    The list has since been described a first step towards a national Social Credit
    System by state media.[12][13]
    In 2015, the court began working with private companies on social credit. For
    example, Sesame Credit began deducting credit points from people who defaulted on
    court fines.[12]
    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. [14]

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

    Organization[edit]
    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

    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[edit]
    1. 1949–1954: Supreme People's Court of the Central People's Government
    o President: Shen Junru
    2. 1954–1959: Supreme People's Court of the People's Republic of China
    under the 1st National People's Congress
    o President: Dong Biwu
    o Vice Presidents: Gao Kelin, Ma Xiwu, Zhang Zhirang
    3. 1959–1965: 2nd National People's Congress
    o President: Xie Juezai
    o Vice Presidents: Wu Defeng, Wang Weigang, Zhang Zhirang
    4. 1965–1975: 3rd National People's Congress
    o President: Yang Xiufeng
    o Vice Presidents: Tan Guansan, Wang Weigang, Zeng Hanzhou, He
    Lanjie, Xing Yimin, Wang Demao, Zhang Zhirang
    5. 1975–1978: 4th National People's Congress
    o President: Jiang Hua
    o Vice Presidents: Wang Weigang, Zeng Hanzhou, He Lanjie, Zheng
    Shaowen
    6. 1978–1983: 5th National People's Congress
    o President: Jiang Hua
    o Vice Presidents: Zeng Hanzhou, He Lanjie, Zheng Shaowen, Song
    Guang, Wang Huaian, Wang Zhanping
    7. 1983–1988: 6th National People's Congress
    o President: Zheng Tianxiang
    o Vice Presidents: Ren Jianxin, Song Guang, Wang Huaian, Wang
    Zhanping, Lin Huai, Zhu Mingshan, Ma Yuan
    8. 1988–1993: 7th National People's Congress
    o President: Ren Jianxin
    o Vice Presidents: Hua Liankui, Lin Huai, Zhu Mingshan, Ma Yuan, Duan
    Muzheng
    9. 1993–1998: 8th National People's Congress
    o President: Ren Jianxin
    o 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
    10. 1998–2003: 9th National People's Congress
    o President: Xiao Yang
    o Vice Presidents: Zhu Mingshan, Li Guoguang, Jiang Xingchang, Shen
    Deyong, Wan Exiang, Cao Jianming, Zhang Jun, Huang Songyou, Jiang
    Bixin
    11. 2003–2007: 10th National People's Congress
    o President: Xiao Yang
    o Vice Presidents: Cao Jianming, Jiang Xingchang, Shen Deyong, Wan
    Exiang, Huang Songyou, Su Zelin, Xi Xiaoming, Zhang Jun, Xiong
    Xuanguo
    12. 2008–2013: 11th National People's Congress
    o President: Wang Shengjun
    o Vice Presidents: Shen Deyong (Executive), Zhang Jun, Wan
    Exiang, Jiang Bixin, Su Zelin, Xi Xiaoming, Nan Ying, Jing
    Hanchao, Huang Ermei
    13. 2013–2018: 12th National People's Congress
    o President: Zhou Qiang
    14. 2018—present: 13th National People's Congress
    o President: Zhou Qiang

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