The Improvement Of The Supreme People’s Court Judicial Function

The judicial function of the supreme people’s court is an important topic is the judicial practice in ourcountry. The existing questions such as, the ambiguous orientation of supreme people’s court, the absent ofthe judicial authority and so forth, have not only long been vexed the staffs of China’s judicial system, butalso been hindered the progress of the judicial system reform in our country. In recent years, many scholarsbegin to pay attention to the problems of supreme people’s court judicial function, and make a throughoutdiscussion about the reestablish of China’s judicial authority, then put forward some constructivesuggestions and theoretical opinions which are of great important reference value. After conscientiousreading and researching the academic monographs which are written by those famous law scholars such asZhang Youlian, Hou Meng, JiJinHua and so forth, the author summaries the theoretical results of thepredecessors and based on that, the author tries to put forward some opinions on this issue.The first part of this article make a brief summary about major functions the supreme people’s courtplayed since1949. The period of sixty-four years is divided into three stages, part one takes the workreports of the supreme people’s court as the main line, and compares the main functions of the supremepeople’s court’s in different historical stages, which lay a foundation of the present situation of the supremepeople’s court judicial function in part two.The second part of this article makes analyze of the current situation of the judicial functions of thesupreme people’s court. The existing questions such as, the ambiguous orientation of supreme people’scourt, the absent of the judicial authority are revealed during the process of analysis. As for the problem ofthe ambiguous orientation of supreme people’s court, the principle of establishing judicial case-hearinglevel system shows that the configuration of the court’ function is strongly associated with the case-hearinglevel system. Different levels of courts are responsible for different judicial functions due to their differentworking focuses. The supreme people’s court lies on the top of court system, thus the judicial functions itshouldered should be strictly distinguished from the basic people’s court, and its job should focus onmaintaining the unification of law and hearing universal cases. Due to the drawbacks of the case-hearinglevel system in China, there is no dramatically difference in the function configurations and value targets among different local people’s courts.The imperfection of case-hearing level design and role definition belongs to the defect of system,however, the public’s trust and support in the judicial, as well as the independence of judicial are importantfactors for the levels of implementation of the court’ judicial function. Only by establish the judicialauthority, can the supreme people’s court achieve the judicial function of maintaining the unification of law.Only by establish the judicial authority, can make the judicial function play become possible.The third part of this paper puts forward some improvement suggestions for the second part. As forthe ambiguous orientation of supreme people’s court, the author thinks that reposition can be achievedthrough case-hearing level system reform. Meanwhile, the working focus of the supreme people’s courtshould switch to the establish of public policy and the unity of the national law; as for the restore of judicialauthority, this paper makes analyzed and gives suggestions from the perspective of judicial independence.Judicial independence is an important evaluation standard of judicial authority, anyone who wants toestablish judicial authority must be processed on the basis of judicial independence; otherwise it is merely acastle in the air.