People's
courts form the judicial organs in China. The state sets up the Supreme
People's Court, and all provinces, autonomous regions and municipalities
directly under the Central Government establish higher people's courts
that have under them intermediate and grassroots people's courts.
The Supreme People's Court is the highest judicial organ of the country.
It is responsible to the NPC and its Standing Committee, and reports its
work to them. The Supreme People's Court independently exercises the highest
judicial power according to law and is not subject to interference by
any administrative organ, social organization or individual.
According to the Constitution and statutes, the Supreme People's Court
has three responsibilities: handling cases that have the greatest influence,
cases of appeals against judgments and rulings of higher courts and cases
it deems it should deal with; supervising the administration of justice
by local people's courts and special courts at all levels, overruling
wrong judgments they have made, and deciding to review a case itself or
to order lower-level courts to conduct a retrial; and, giving judicial
interpretations of questions concerning special applications of laws in
judicial proceedings, which must be carried out throughout the country.
Work of the Last Supreme People's Court
Xiao Yang, President of the Supreme People's Court, delivered a report
on the work of the Supreme People's Court to the First Session of the
10th NPC on March 11, 2003. In the five-year term of the Ninth NPC, the
Supreme People's Court, under the supervision of the NPC and its Standing
Committee, worked earnestly to implement the set principles of justice
and efficiency for courts, fulfilling its duty and making new headway
in its work.
In the five years, the Supreme People's Court closed 20,293 cases and
local and special people's courts concluded 29.6 million cases, an increase
of 46 percent and 22 percent respectively over the previous five-year
period.
People's courts at all levels handled 2.83 million criminal cases of
first instance, up 16 percent. They meted out punishments to 3.22 million
criminals, up 18 percent. They also tried and closed 23.62 million civil
cases of first instance, up 20 percent and investigated 26,399 foreign-related
cases, an average annual increase of 4 percent.
In light of the principle of "one country, two systems" and
the basic laws of the Hong Kong and Macao special administrative regions,
the Supreme People's Court made arrangements for the mainland and Hong
Kong to deliver civil and commercial law documents on each other's entrustment
and enforce the other side's arbitral rulings, and arrangements for the
mainland and Macao to deliver civil and commercial law documents on each
other's entrustment and claim evidence, promoting judicial cooperation
between the mainland and the two special administrative regions. It also
formulated the Rules on People's Courts' Acceptance of Civil Verdicts
of Courts in Taiwan, giving an impetus to personnel exchanges and development
of economic and trade relations across the Taiwan Straits.
In the five years, people's courts throughout the country also concluded
investigation of a total of 66,757 appeals moved by procuratorial organs
in light of legal supervision procedures over judicial proceedings of
courts. In all, 14,956 cases with confirmative reasons were given amended
judgments, 5,011 cases were returned to original courts for retrial because
fresh evidence existed or because the original ruling was based on ambiguous
facts, 24,797 cases were settled after the litigants reached mediation
agreements on a voluntary basis or were reconciled, 20,107 cases affirmed
the original verdicts, and 1,886 cases saw a withdrawal of the appeal
by procuratorial organs.
The Supreme People's Court intensified judicial interpretation of laws,
in an effort to guide and supervise people's courts at all levels to properly
apply laws and defend the consistency of the legal system. In the five
years, it formulated 170 legal interpretations, tripling that of the previous
five-year period. It also overhauled and amended more than 2,000 legal
interpretations and other regulatory documents that were at variance with
WTO rules and China's WTO membership commitments in a timely manner, and
made public 177 that had been nullified.
President of the Supreme People's Court
The president of the Supreme People's Court is elected by the NPC for
a term of five years and can serve no more than two consecutive terms.
The First Session of the 10th NPC re-elected Xiao Yang as president of
the Supreme People's Court on March 16, 2003.
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