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Supreme People's Court

Coordinates: 39°54′10.7″N 116°24′18.9″E / 39.902972°N 116.405250°E / 39.902972; 116.405250
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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.
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
Map
39°54′10.7″N 116°24′18.9″E / 39.902972°N 116.405250°E / 39.902972; 116.405250
EstablishedOctober 22, 1949[citation needed]
LocationBeijing
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
Authorised byConstitution of the People's Republic of China
Judge term length5 years
Websitehttp://www.court.gov.cn/
President and Chief Justice
CurrentlyZhou Qiang
Since15 March 2013
Executive Vice President
CurrentlyShen Deyong
Since24 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.
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The Supreme People's Court (Chinese: 最高人民法院; pinyin: Zuìgāo Rénmín Fǎyuàn) is the highest level of court in the mainland area of the People's Republic of China. Hong Kong and Macau, as special administrative regions, have their own 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.

The Supreme People's Court is regarded as the superior appellate forum in China which supervises and governs the procedure of justice by all the special people courts and the local, subordinate courts. It is also the court of last resort in the whole of China.

The court is made up of 340 judges which meet in smaller tribunals to decide cases.

The court system consists of a four level, two-hearing system trial process.

History

The court was established on October 22, 1949. [1]

In 2005, the Supreme People's Court announced its intent to "[take] back authority for death penalty approval" over concerns about “sentencing quality”,[2] 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.[3] It has been reported that since the new review process, the court has rejected 15 percent of the death sentences decided by lower courts.[4][when?]

Since March 2013, the President of the Supreme People's Court and Grand Chief Justice has been Zhou Qiang.

In 2013, the court began of 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.[5][6]

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.[5]

Functions

  1. Conducting trial of the following cases: first-hearing cases placed with the SPC by laws and regulations and those the SPC deems within its jurisdiction; appeals or protests against trial decisions or verdicts of the higher people's courts and special people's courts; appeals against court judgments lodged by the Supreme People's Procuratorate according to trial supervision procedures.
  2. Giving approval to death sentences.
  3. Supervising the trials by local people's courts and special people's courts at different levels.
  4. On discovering mistakes in the rulings and verdicts of local people's courts already being legally enforced, conducting questioning or appointing a lower level court to conduct re-hearing.
  5. Giving approvals to verdicts on crimes not specifically stipulated in the criminal law.
  6. Offering explanations over the concrete application of laws during the trial process[7]

Organisational Structure

Courts within the SPC
  • Criminal courts
  • Civil courts
  • Administrative trials
  • Special courts set up according to actual needs
Departments within the SPC
  • Research office
  • General affairs office
  • Personnel department
  • Judicial affairs department
  • Administrative affairs department
  • Office affairs bureau
  • Foreign affairs bureau
  • Education department
Circuit courts of the SPC
  1. First Circuit (established in Shenzhen, Dec 2014)[8]
  2. Second Circuit (established in Shenyang, Dec 2014)[9]
  3. Third Circuit
  4. Fourth Circuit
  5. Fifth Circuit
  6. Sixth Circuit

Presidents 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 - present: 12th National People's Congress

See also

References

  1. ^ About the Supreme People's Court (Chinese)
  2. ^ Dickie, Mure (27 October 2005). "China's top court to review all death sentences". Financial Times.
  3. ^ "China changes law to limit death sentence". China Daily. 31 October 2006.
  4. ^ Bodeen, Christopher (10 April 2008). "China Hails Reform of Death Penalty". San Francisco Chronicle.
  5. ^ a b http://uk.businessinsider.com/chinas-tax-blacklist-shames-debtors-2017-12
  6. ^ https://www.ft.com/content/ceb2a7f0-f350-11e6-8758-6876151821a6
  7. ^ The National People's Congress of the People's Republic of China. The Supreme People's Court (SPC) Feb 14, 2018.
  8. ^ First Circuit Court of the Supreme People's Court established
  9. ^ Second Circuit established

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