On The Constitutional Status Of Specialized People’s Courts System

The original intention of setting up specialized courts in the Constitution is to combat crime and promote economic development,to improve the accuracy of handling cases and to exercise exclusive jurisdiction over special cases.There has been a new development in the purpose of the establishment of the new specialized courts,that is,to enhance the professionalism of the trial and the application of the unified law.There are normative doubts in the practice of the establishment of specialized courts:first,juridical organization law delegates its power to set up a specific system for specialized courts to the Standing Committee of the National People’s Congress,and there are constitutional doubts;second,The Standing Committee of the National People’s Congress has failed to complete the legislative commission of the juridical organization law,and its establishment of special courts exercises the power of decision of major issues rather than legislative power,and there are doubts about the legality.The specialized court system shows the characteristics of stability,abstraction and authorization of the system in the constitution,and the openness of the court type,the maturity of the system understanding and the regression of the procedure establishment in the juridical organization law.Therefore,it is necessary and possible to construct a specific system.The special court system is constructed by the coupling of the structure of the constitutional norm system and the "legislative formation" of the special court system.On the one hand,the systematic interpretation of constitutional norms constitutes the horizontal system to regulate the relationship between the specialized courts and the National People’s Congress and the vertical system to regulate the relationship between the specialized courts and the upper and lower specialized courts.The horizontal system and the vertical system constitute the normative institutional framework of the specialized courts.That is,the special courts shall be elected by,accountable to,and supervised by the National People’s Congress;the Supreme People’s Court shall exercise"leading"supervision over the specialized high courts,and the relationship of legal supervision shall still be maintained between the other special courts at the upper and lower levels.On the other hand,through the summary of the practice of the establishment of the specialized courts,the practical institutional framework of the special courts is constructed.That is,the jurisdiction of the specialized court system which is separated from the administrative division,the"provincial overall management"system in the personnel appointment and responsibility system,and the trial grade system of the three-level second instance being final instance system.The cross-administrative region courts should be constructed within the framework of the specialized courts system,which is consistent in the purpose of establishment,and the cross-administrative region courts should be constructed by using the special court system framework,which is conducive to the achievement of the purpose of its establishment.