Supreme People's Court of the People's Republic of China
Encyclopedia
The Supreme People's Court (最高人民法院; pinyin
: Zuìgāo Rénmín Fǎyuàn) is the highest court in the mainland area of the People's Republic of China
. Hong Kong
and Macau
, as special administrative regions, have their own separate judicial systems based on British common law
traditions and Portuguese
civil-law traditions respectively, and are out of the jurisdiction of the Supreme People's Court.
The court includes over 340 judges which meet in smaller tribunals to decide cases.
Since March 2008, the President of the Supreme People's Court and Chief Grand Justice has been Wang Shengjun
(王胜俊).
The SPC trial process consists of a four level, two-hearing system.
officially changed the Organic Law on the People's Courts requiring all death sentences to be approved by the Supreme People's Court on 31 October 2006. It has been reported that since the new review process, the court has rejected 15 percent of the death sentences decided by lower courts.
There are also National Courts with ties to the SPC:
Departments within the SPC:
Pinyin
Pinyin is the official system to transcribe Chinese characters into the Roman alphabet in China, Malaysia, Singapore and Taiwan. It is also often used to teach Mandarin Chinese and spell Chinese names in foreign publications and used as an input method to enter Chinese characters into...
: Zuìgāo Rénmín Fǎyuàn) is the highest court in the mainland area of the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
. Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
and Macau
Macau
Macau , also spelled Macao , is, along with Hong Kong, one of the two special administrative regions of the People's Republic of China...
, as special administrative regions, have their own separate judicial systems based on British common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
traditions and Portuguese
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
civil-law traditions respectively, and are out of the jurisdiction of the Supreme People's Court.
The court includes over 340 judges which meet in smaller tribunals to decide cases.
Since March 2008, the President of the Supreme People's Court and Chief Grand Justice has been Wang Shengjun
Wang Shengjun
Wang Shengjun became elected President of the Supreme People's Court of the People's Republic of China in March 2008.-Biography:He joined the Communist Party of China in 1972....
(王胜俊).
The SPC trial process consists of a four level, two-hearing system.
Procedure
In 2005, the Supreme People's Court announced its intent to "[take] back authority for death penalty approval" over concerns about “sentencing quality”, and the National People's CongressNational People's Congress
The National People's Congress , abbreviated NPC , is the highest state body and the only legislative house in the People's Republic of China. The National People's Congress is held in the Great Hall of the People, Beijing, capital of the People's Republic of China; with 2,987 members, it is the...
officially changed the Organic Law on the People's Courts requiring all death sentences to be approved by the Supreme People's Court on 31 October 2006. It has been reported that since the new review process, the court has rejected 15 percent of the death sentences decided by lower courts.
Organization
Courts of the SPC:- criminal
- civil
- economic
- administrative trials
- other courts set up according to actual needs
There are also National Courts with ties to the SPC:
- Military Court
- Maritime Court
- Railway Transportation Court
- Forestry Court
Departments within the SPC:
- research office
- general affairs office
- personnel department
- judicial affairs department
- administrative affairs department
- office affairs bureau
- foreign affairs bureau
- education department
Presidents and Vice Presidents of the Court
- 1949 - 1954
- President: Shen JunruShen JunruShen Junru was a Chinese lawyer, political figure, and the first President of the Supreme People's Court of China in the People's Republic of China.-Biography:...
- President: Shen Junru
- 1954 - 1959: 1st National People's CongressNational People's CongressThe National People's Congress , abbreviated NPC , is the highest state body and the only legislative house in the People's Republic of China. The National People's Congress is held in the Great Hall of the People, Beijing, capital of the People's Republic of China; with 2,987 members, it is the...
- President: Dong BiwuDong BiwuDong Biwu was a Chinese communist political leader during the regime of Mao Zedong.-Biography:Dong Biwu was born in Huanggang, Hubei. He was the President of China from 1948 to 1949 and Acting President from 1968 until 17 January 1975 when Zhu De became the succeeding Chairman of the Standing...
- Vice Presidents: Gao Kelin, Ma Xiwu, Zhang Zhirang
- President: Dong Biwu
- 1959 -1965: 2nd National People's Congress
- President: Xie JuezaiXie JuezaiXie Juezai was a Chinese politician and the President of the Supreme People's Court of China.-Biography:Xie Juezai was born in Ningxiang, Hunan...
- Vice Presidents: Wu Defeng, Wang Weigang, Zhang Zhirang
- President: Xie Juezai
- 1965 - 1975: 3rd National People's Congress
- President: Yang XiufengYang XiufengYang Xiufeng was a Chinese politician and the President of the Supreme People's Court of China.-Biography:...
- Vice Presidents: Tan Guansan, Wang Weigang, Zeng Hanzhou, He Lanjie, Xing Yimin, Wang Demao, Zhang Zhirang
- President: Yang Xiufeng
- 1975 - 1978: 4th National People's Congress
- President: Jiang HuaJiang Hua (1907–1999)Jiang Hua was a Chinese politician and President of the Supreme People's Court of China-Biography:Jiang Hua was born in Jianghua, Hunan. He was the First Secretary of the Communist Party of China in Zhejiang, and was the President of the Supreme People's Court from 1975 to 1983. He was largely...
- Vice Presidents: Wang Weigang, Zeng Hanzhou, He Lanjie, Zheng Shaowen
- President: Jiang Hua
- 1978 - 1983: 5th National People's Congress
- President: Jiang Hua
- Vice Presidents: Zeng Hanzhou, He Lanjie, Zheng Shaowen, Song Guang, Wang Huaian, Wang Zhanping
- 1983 - 1988: 6th National People's Congress
- President: Zheng TianxiangZheng TianxiangZheng Tianxiang is a Chinese politician and was the President of the Supreme People's Court of China.-Biography:Zheng was born in Inner Mongolia. He was educated in Tsinghua University from 1935 to 1937....
- Vice Presidents: Ren JianxinRen JianxinRen Jianxin was the President of the Supreme People's Court of China from 1988 to 1998.-Biography:His career highlights include:*1998—2003 Vice-Chairman, 9th Chinese People's Political Consultative Conference, National Committee...
, Song Guang, Wang Huaian, Wang Zhanping, Lin Huai, Zhu Mingshan, Ma Yuan
- President: Zheng Tianxiang
- 1988 - 1993: 7th National People's Congress
- President: Ren Jianxin
- Vice Presidents: Hua Liankui, Lin Huai, Zhu Mingshan, Ma Yuan, Duan Muzheng
- 1993 - 1998: 8th National People's Congress
- President: Ren Jianxin
- Vice Presidents: Zhu Mingshan, Xie Anshan, Gao ChangliGao Changli-Biography:He joined the Communist Party of China in 1956.Gao graduated from Renmin University of China in 1963. He was the Minister of Justice from 1998 to 2000.Gao was the alternate member of the 15th CPC Central Committee....
, Tang Dehua, Liu Jiachen, Luo Haocai, Li Guoguang, Lin Huai, Hua Liankui, Duan Muzheng, Wang Jingrong, Ma Yuan
- 1998 - 2003: 9th National People's Congress
- President: Xiao YangXiao YangXiao Yang was the former President of the Supreme People's Court of China.-Biography:He received his LL.B degree from Renmin University of China Law School in 1962.Xiao Yang was the Minister of Justice from 1993 to 1998...
- Vice Presidents: Zhu Mingshan, Li Guoguang, Jiang Xingchang, Shen Deyong, Wan ExiangWan ExiangWan Exiang is a professor of international law at Wuhan University, vice president of the Supreme People's Court of China, and vice president of the Revolutionary Committee of the Kuomintang.-Biography:...
, Cao JianmingCao JianmingCao Jianming is the Procurator-General of the Supreme People's Procuratorate of the People's Republic of China.-Biography:He received his LL.B and LL.M degrees from East China University of Political Science and Law in 1983 and 1986....
, Zhang Jun, Huang SongyouHuang SongyouHuang Songyou was the Vice-President of the Supreme People's Court of the People's Republic of China.- Biography :Huang was born in Shantou, Guangdong in December 1957...
, Jiang Bixin
- President: Xiao Yang
- 2003 - 2007: 10th National People's Congress
- President: Xiao YangXiao YangXiao Yang was the former President of the Supreme People's Court of China.-Biography:He received his LL.B degree from Renmin University of China Law School in 1962.Xiao Yang was the Minister of Justice from 1993 to 1998...
- Vice Presidents: Cao JianmingCao JianmingCao Jianming is the Procurator-General of the Supreme People's Procuratorate of the People's Republic of China.-Biography:He received his LL.B and LL.M degrees from East China University of Political Science and Law in 1983 and 1986....
, Jiang Xingchang, Shen Deyong, Wan ExiangWan ExiangWan Exiang is a professor of international law at Wuhan University, vice president of the Supreme People's Court of China, and vice president of the Revolutionary Committee of the Kuomintang.-Biography:...
, Huang SongyouHuang SongyouHuang Songyou was the Vice-President of the Supreme People's Court of the People's Republic of China.- Biography :Huang was born in Shantou, Guangdong in December 1957...
, Su Zelin, Xi Xiaoming, Zhang Jun, Xiong Xuanguo
- President: Xiao Yang
- 2008 - current: 11th National People's Congress
- President: Wang ShengjunWang ShengjunWang Shengjun became elected President of the Supreme People's Court of the People's Republic of China in March 2008.-Biography:He joined the Communist Party of China in 1972....
- Vice Presidents:
- President: Wang Shengjun
See also
- Court system of the People's Republic of ChinaCourt system of the People's Republic of ChinaThe Chinese court system is based on civil law, modeled after the legal systems of Germany and France.-System:According to the Constitution of the People's Republic of China of 1982 and the Organic Law of the People's Courts that went into effect on January 1, 1980, the Chinese courts are divided...
- Supreme People's ProcuratorateSupreme People's ProcuratorateThe Supreme People's Procuratorate is the highest agency at the national level responsible for both prosecution and investigation in the People's Republic of China...
- the highest legal supervisory body, charged with safeguarding the constitution, laws and people's rights. - Three SupremesThree SupremesThe Three Supremes is a doctrine first articulated by Chinese president Hu Jintao in December 2007, which requires the judiciary to subordinate the written law to the interests of the Chinese Communist Party and the maintenance of "social stability." As Hu Jintao put it during the National...
External links
- The Supreme People's Court of the People's Republic of China Official site.
- Chinacourt English website sponsored by the Supreme People's Court, with court news and legal information including biographical information for the Grand Justices.
- PRC Laws Links to English versions of the Constitution, General Principles of Civil Law, Administrative Procedure Law, Civil and Criminal Procedure Laws, and the Judges Law.
- The Supreme People's Court Court information in English, maintained at People's Daily Online.