Study On The Modes Of Supervision On Judicial Organs By Local Standing Committees Of The People’s Congress

The strengthening and standardization of the legal supervisions of judicial activities are the important contents proposed by the Third Plenary Session of the 18 th Central Committee of the CPC. When facing new situations and new tasks, how the Standing Committees of local People’s Congress(hereinafter referred to as the “PC”) better bring into force their functional roles and enhance judicial justice and social equality and justice have caused wide-spread concerns and attachment of importance. On the basis of analyzing and examining the supervision mode of the PC’s Standing Committees on the judicial organs prior to the promulgation of “Law of the people’s Republic of China on supervision by the Standing Committees of the People’s Congresses at all levels”(hereinafter referred to as “the Law of supervision”), this Paper analyzed the difficulties and problems encountered in the supervision of juridical work by local PC’s Standing Committees. With references to the explorations of the new modes and new routes for the supervision of the judicial organs by various local Standing Committees of People’s Congress, it proposed that the supervision of the judicial organs by various local PC’s Standing Committees shall be combined with the stipulations of the Law of supervision, with emphasis laid on the three key links in the judicial operations, i.e. mutual restraint mechanism among the judicial cases, judicial personnel and judicial institution; meanwhile, more importance shall be attached to the comprehensive applications of such various authorities as the supervision right, the rights to decide important matters and the power of appointment and removal of personnel so as to maximize the supervision effects.Regarding the aspect of judicial cases, the paper proposed that the controversial mode of case by case supervision featuring direct intervention of the judicial rights shall be changed. It proposed that through the means of filing the specific or significant cases, research should be conducted by seizing some specific outstanding and influential cases from the numerous cases and the issues with certain tendencies so as to find out the common problems and causes; in combination with such supervision modes as “Listening to and deliberate on the special work reports” and “inspections on law enforcements” as specified by the Law of supervision, propose the PC’s comments on the deliberations and urge the judicial organs to implement rectifications. As foe judicial personnel, it is proposed that performance appraisals be conducted on the judges and procurators appointed by the local PC’s Standing Committees so that the PC’s Standing Committees can extend its supervision on the judicial personnel from the reviews before the appointments to the supervision of the status of performance, thus deepening the supervision on the cases into the supervision on judicial activities so as to enhance the organic fusion of the PC’s standing committees’ two major authorities—the supervision authority and the power of appointment and removal of personnel and perfect the means of supervising the judicial organs. With regard to the mutual restrictive mechanism for the judicial organs, it is necessary to apply the right of the PC’s Standing Committees to decide significant matters to urge the procuratorial organs in strictly implementing the duties of legal supervision, “enhance supervision with supervision” so as to form a resultant force of supervision featuring the supervision of the organs of authorities and the supervision of the legal supervision organs with the aim of construing a duallevel and two-dimensional mode of supervisions for judicial organs. The supervisions in these three aspects shall not be conducted independently, but should be mutually fused, supportive, with emphasis laid on the associations and coupling between them so as to reach the goal of conduct overall strengthening of the supervisions of the judicial organs by the local PC’s Standing Committees.