Rules Of The Supreme Court Of Justice Studies

Rules of the Supreme Court of Justice has a pivotal role in today’s Chinese judicial practice and research in the judicial system. However, from the domestic academic research on the Supreme Court of Justice of the existing rules, we can not clear what the rules of the Supreme Court of Justice? What are the rules of the Supreme Court of Justice external manifestation? Rules of the Supreme Court of Justice whether the constitutional norms, laws and regulations, the legitimacy of the rule of law in theory? Rules of the Supreme Court of Justice whether the practical level, the economic level, the program level is reasonable? If the Supreme Court of Justice rules have neither legitimacy nor have reasonable, and what factors have contributed to its universal binding referee trial in the judicial process? The paper attempts to solve these problems is the problem. Through these questions, we are not only able to grasp the rules of the Supreme Court of Justice of the Past and Present; but also more profound grasp of the true state of the judicial power, the real relevance of judicial power and legislative power, and the status of the development of the rule of law and the rule of law and development in the future. Rules of the Supreme Court of Justice has a double meaning. Rules of the SupremeCourt of Justice of the first heavy implication means that the Supreme Court in accordance with the legal authority to adjust the People’s Court formulated the direct administrative management, the people’s court proceedings, the People’s Court judicial interpretation work in three areas written specifications. Rules of the Supreme Court of Justice of the second heavy implication, that the Supreme Court without legal authorization, with the assumption being, behavior patterns, the legal consequences of the three elements of the specification made by the referee; these referees or change existing law norms respective rights and obligations of the main legal provisions, either in addition to the existing law, among legal subjects create new rights and obligations. It’s the first rule with justice Connotations main difference is that the first heavy implication of judicial rules with clear legal authority; while the second implication of judicial rules without any legal basis. Also, the first heavy implication judicial rules mainly related internal administration and the people’s court proceedings; while the second major implication of judicial rules involving the rights and obligations of legal entities between subjects.The first implication of the Supreme Court of Justice rules with heavy legitimacy, it is not only in line with "delegated legislation" legal theory; and every judicial rule has "Court Organization Law," "Law on Judges", "Civil Law" expressly authorized by law. The Supreme People’s Court of Justice rules do not have the legitimacy of a second heavy implication, there is no constitutional right to develop its legal basis, does not have the legitimacy of legal norms on; do not meet the legal interpretation of the occasion, function and purpose, do not have the legal interpretation theoretical legitimacy.Rules of the Supreme Court of Justice of the first heavy implication with rationality, which is conducive to the people’s courts have internal administrative rules to follow, the people’s court proceedings more complete rules, judicial interpretation of the Supreme People making process more reasonable. The rules of the Supreme Court of Justice does not have a second heavy implication reasonable, it is not realistic rationality, economic rationality and procedural rationality.Although the rules of the Supreme Court of Justice does not have a second heavy implication legitimacy and rationality. However, the trial in the judicial process, and judicial rules even have precedence over the law of force. The second important implication is that the People’s Court of Justice rules for the performance of judicial functions, the inevitable choice in the case of a substantial lack of specification of the referee. Court system and bureaucracy of the legislature, the Communist Party of China acquiesced also provides a wealth of external conditions for judicial rules of the second generation of heavy implication.Implications of the Supreme Court of Justice rule double from a system perspective highlights the dual attributes of judicial power. The first heavy implication judicial rules underlines the central powers attribute jurisdiction. The first heavy implication judicial rules covering the rules prevailing in the country’s court system to adjust the local people’s courts at all levels of the judicial administrative affairs, litigation processes, judicial interpretation, paved the judicial system to further overcome local phenomenon, the jurisdiction of the central powers to achieve property foundation. The second important implication of judicial rules underlines the judge attributes of judicial power. However, the second important implication of the judicial rule-makers has acted as legal rules, which determine the attributes of judicial power to break through, in addition to the existing legal rights, obligations system for the main dispute has created a new right, obligation rules. In order to strengthen and standardize judicial rules, uniform application of law standards, on the one hand, to strengthen the comprehensive clean-up of existing effective judicial rules, establish judicial mechanisms for regular clean-up work rules; on the other hand, the Supreme Court of Justice rulemaking work norms.