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Supreme People's Court

October 15, 2023

For other uses, see Supreme People's Court (disambiguation).

The Supreme People's Court of the People's Republic of China (SPC; Chinese: 中华人民共和国最高人民法院; pinyin: Zhōnghuá rénmín gònghéguó zuìgāo rénmín fǎyuàn) 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. The court lacks judicial independence and has no power beyond what is granted to it by the National People's Congress (NPC).[3]

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
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
Established22 October 1949[1]
LocationBeijing, China
Coordinates39°54′10.7″N 116°24′18.9″E / 39.902972°N 116.405250°E / 39.902972; 116.405250
Composition methodPresidential selection with National People's Congress approval
Authorized byConstitution of the People's Republic of China
Judge term length5 years
Websiteenglish.court.gov.cn
President and Chief Justice[2]
CurrentlyZhang Jun
Since11 March 2023
Executive Vice President
CurrentlyDeng Xiuming [zh]
Since5 July 2023
The front facade of the Supreme People's Court in Beijing China.

According to the Chinese constitution, the Supreme People's Court is accountable to the NPC, which prevents the court from functioning separately and independently of the governmental structure.[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 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]

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]

Since March 2023, the President of the Supreme People's Court and Grand Chief Justice has been Zhang Jun.

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.[14] 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.[15]

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)[16]
  2. Second Circuit (established in Shenyang, Dec 2014)[17]
  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
  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
    • President: Xie Juezai
    • Vice Presidents: Wu Defeng, Wang Weigang, Zhang Zhirang
  4. 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
  5. 1975–1978: 4th National People's Congress
    • President: Jiang Hua
    • Vice Presidents: Wang Weigang, Zeng Hanzhou, He Lanjie, Zheng Shaowen
  6. 1978–1983: 5th National People's Congress
    • President: Jiang Hua
    • Vice Presidents: Zeng Hanzhou, He Lanjie, Zheng Shaowen, Song Guang, Wang Huaian, Wang Zhanping
  7. 1983–1988: 6th National People's Congress
  8. 1988–1993: 7th National People's Congress
    • President: Ren Jianxin
    • Vice Presidents: Hua Liankui, Lin Huai, Zhu Mingshan, Ma Yuan, Duan Muzheng
  9. 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
  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
    • President: Zhou Qiang
    • Vice Presidents: He Rong (Executive), Jiang Wei, Tao Kaiyuan, Gao Jinghong, Yang Wanming, Yang Linping, He Xiaorong, Shen Liang
  15. 2023—present: 14th National People's Congress

See also Edit

References Edit

  1. ^ About the Supreme People's Court 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. ^ a b 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. ^ a b 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". Article 56, of 1 July 2020. National People's Congress. 3 July 2020 at the Wayback Machine
  6. ^ [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. ^ a b c d Finder, Susan (1993). "The Supreme People's Court of the People's Republic of China". Journal of Chinese Law. 7 (2): 145–224. from the original on 14 June 2021. Retrieved 6 February 2023.
  8. ^ a b c d e f 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. from the original on 27 March 2008.
  11. ^ Bodeen, Christopher (10 April 2008). "China Hails Reform of Death Penalty". San Francisco Chronicle. from the original on 21 September 2008.
  12. ^ a b 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. from the original on 12 April 2019. Retrieved 12 April 2019.
  14. ^ The National People's Congress of the People's Republic of China. The Supreme People's Court (SPC) 13 September 2018 at the Wayback Machine
  15. ^ . Archived from the original on 18 April 2019. Retrieved 18 April 2019.{{cite web}}: CS1 maint: archived copy as title (link)
  16. ^ "First Circuit Court of the Supreme People's Court established". from the original on 4 March 2016. Retrieved 28 April 2015.
  17. ^ "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. from the original on 2 July 2015. Retrieved 28 April 2015.

External links Edit

  • Official website  

October 15, 2023
supreme, people, court, other, uses, disambiguation, people, republic, china, chinese, 中华人民共和国最高人民法院, pinyin, zhōnghuá, rénmín, gònghéguó, zuìgāo, rénmín, fǎyuàn, highest, court, people, republic, china, hears, appeals, cases, from, high, people, courts, trial. For other uses see Supreme People s Court disambiguation The Supreme People s Court of the People s Republic of China SPC Chinese 中华人民共和国最高人民法院 pinyin Zhōnghua renmin gongheguo zuigao renmin fǎyuan 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 The court lacks judicial independence and has no power beyond what is granted to it by the National People s Congress NPC 3 Supreme People s Court of the People s Republic of China中华人民共和国最高人民法院Zhōnghua Renmin GongheguoZuigao Renmin FǎyuanSupreme People s Court EmblemMain gate39 54 10 7 N 116 24 18 9 E 39 902972 N 116 405250 E 39 902972 116 405250Established22 October 1949 1 LocationBeijing ChinaCoordinates39 54 10 7 N 116 24 18 9 E 39 902972 N 116 405250 E 39 902972 116 405250Composition methodPresidential selection with National People s Congress approvalAuthorized byConstitution of the People s Republic of ChinaJudge term length5 yearsWebsiteenglish wbr court wbr gov wbr cnPresident and Chief Justice 2 CurrentlyZhang JunSince11 March 2023Executive Vice PresidentCurrentlyDeng Xiuming zh Since5 July 2023The front facade of the Supreme People s Court in Beijing China According to the Chinese constitution the Supreme People s Court is accountable to the NPC which prevents the court from functioning separately and independently of the governmental structure 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 Contents 1 History 2 Functions 2 1 Adjudication 2 2 Legal interpretation 2 3 Supervision of lower courts 3 Organization 4 President Chief Justices and Vice Presidents of the Court 5 See also 6 References 7 External linksHistory EditThe 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 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 Since March 2023 the President of the Supreme People s Court and Grand Chief Justice has been Zhang Jun Functions EditAdjudication 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 14 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 15 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 EditDivisions within the Supreme People s CourtCase Filing Division Criminal Divisions 5 Civil Divisions 4 Environment and Resources Division Administrative Division Judicial Supervision DivisionDepartments within the Supreme People s CourtState 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 DepartmentCircuit and other courts of the Supreme People s CourtFirst Circuit established in Shenzhen Dec 2014 16 Second Circuit established in Shenyang Dec 2014 17 Third Circuit Fourth Circuit Fifth Circuit Sixth Circuit First International Commercial Second International Commercial Intellectual Property CourtPresident Chief Justices and Vice Presidents of the Court Edit1949 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 JunSee also EditJudicial system of China Supreme People s Procuratorate China s highest prosecutor s office Three SupremesReferences Edit 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 a b Ahl Bjorn 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 a b 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 Article 56 of 1 July 2020 National People s Congress 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 a b c d 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 a b c d e f 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 a b 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 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 a href Template Cite web html title Template Cite web cite web a 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 EditOfficial website nbsp Retrieved from https en wikipedia org w index php title Supreme People 27s Court amp oldid 1178330240, wikipedia, wiki, book, books, library,

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