Abstract
The Supreme People’s Court (“the Court”) of the People’s Republic of China (“PRC” or “China”) is a distinctive institution, influenced by China’s legal tradition, Soviet Stalin-era legal doctrines, and the twists and turns of the history of China. As this article explains, it has played an increasingly important role in the Chinese legal system since 1979. Although the Court has become less secretive than before, its workings still remain largely unknown to the foreign or Chinese public.
This article will examine the status and functions of the Court, in law and in practice, with a view to understanding its current and future role in the Chinese legal system. First, a brief history of the Court as a central state organ will be given. The second section of this article examines the status of the Court, including its relationship with the Communist Party, National People’s Congress, and governmental organs, as well as its internal structure. The third section focuses on the functions of the Court and the way in which it conducts its work. The Court is involved in interpreting law, adjudicating, legislating, as well as administering the judiciary. Because legislation merely sketches a few broad principles for the operation of the Court, the article describes established, but often unwritten practices, generally unknown to the Chinese or Western public. These practices are crucial to understanding the workings of the Court. A theme running throughout the article is that the recent economic and social reforms have profoundly affected the Court.