On The System Of Instruction Upon Request Of Court In The Context Of Politics-law

As an “informal system”, the system of instruction upon request of court hasbecome a convention of the court’s work. Especially in the context of judicial reform,more emphasis on the standardization and transformation of the system from theSupreme Court today, the sitution does not reduce or even consult extinction, butthere is a growing trend. It shows that the new developments of the system ofinstruction upon request of court emerged, which can be attributed to the current“Politics-law” environment and pressure-type justice.In order to re-examine the system of instruction upon request of court, it will beplaced in the larger institutional environment in the article, in perspective of thePolitics-law. I will study on the history, function of the system of instruction uponrequest of court in the context of Politics-law.From the history of the system of instruction upon request of court, it can betraced back Shensi-Kansu-Ningsia Border Region period, which gave birth to thetradition of Politics-law. The system of instruction upon request of court was shapedand constrainted by the Tradition of Politics-law; the system was inherited andrecognized after the founding of People’s Republic of China, and in the last1980s,moved towords reform and standardization; to a certain extent, the system is relatedto the imperfect legal system, the lower quality of the judges, and not unified legalinterpretation mechanism, but in the current environment of Politics-law, muchrelated to pressure-type justice, judicial politics responsiveness, chief of the courtsystem and so on.Operation of the system of instruction upon request of court, including both thegeneral operation of the lower court requesting to a higher court, and specialoperation which requesting to the party committees, Politics and Law Committee, thelatter is often overlooked because of the secretive and easily. In the context ofPolitics-law, the system actually plays two functions, namely the “political” functionand the “law” function. The “law” means the function on solving difficult cases and unified law adaptation;“political” function of its hidden features, on the one hand, itplays the judicial functions of governance to achieve the purpose; on the other hand,it becomes a way of transferring pressure or risk for Court and its judges. But injudicial practice, the function of the system of instruction upon request of court hasundergone a certain deviation even betrayal, its role in solving difficult cases,remedying laws, as well as improving the quality of case, unified law adaptation isquite limited. With the cost of sacrificing the more important judicial independence, adeparture from the current trial level system and the principle of direct trial.In the current environment of Politics-law, the future of the system of instructionupon request of court depends on “Politics-law”. The reform of the system must relyon the current environment of Politics-law. On the one hand, make a fuss on thejudicial system, optimize the party’s leadership to justice, improve the administrationof the court; on the other hand, look for a standardized road or litigation reform.