On The Trial Business Relationship Between The Upper And Lower Courts

The relationship between the upper and lower courts in China is a relationship between the "ought to be" stipulated by constitution law and the "real relationship" in the real life.It is a major theoretical issue concerning the position and structure of judicial power in the state power(constitutional level).It is also the mechanism reform of the different levels of the judicial power in the position,resource allocation and power operation,and also the micro level problems faced by judges at all levels.In reality,our courts are divided into four levels,namely,the Supreme People's court,the higher people's court,the intermediate people's court,and basic people's court.The relationship between the upper and lower courts is too large,such as government affairs,finance,human affairs,business affairs and so on.Among them,the trial relationship between the upper and lower courts is more prominent.At present,in the trial relationship between the upper and lower courts,whether it is the case for retrial,the request for the case,or the internal audit procedures,the performance evaluation of the trial and so on,each one of the issues are worth considering.However,it is necessary to put a systematic and integrated study on the background of the trial business relationship,so as to have a broader perspective on the thinking and understanding of these separate issues.The court system of our country belongs to unitary system,vertically,the national court is divided into four levels from central to local,horizontally,court set up in accordance with the administrative region.The local nature is very obvious.The relationship between the upper and lower courts in China,especially the trial business relationship,compared with its foreign counterparts,is more difficult.It is a relationship of "shear is constantly changing."The Constitution and the Organizational Law of the People's Court provide that people's court substantially exercise it judicial power in accordance with the stipulations of law.They are only in the trial business of supervision and supervision of the relationship.The superior court has the power of decision,management and control in the aspects of policy unification,idea orientation,personnel adjustment,judicial protection,performance evaluation,evaluation and reward and punishment.So that the trial business relationship between the upper and lower courts inevitably rubbed into a variety of administrative means,such as leadership,management,command,coordination,control,consult Report,etc.