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Research on the Allocation and Operation of the People’s Courts’ Judicial Power from the Perspective of Power Structure

DOI: 10.4236/chnstd.2024.131004, PP. 43-59

Keywords: Power Structure, Judicial Power Allocation, Collegial Bench

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Abstract:

The structure of judicial power is an inevitable issue that a country’s judicial system must face, with the allocation and operation of judicial power as the core. Under the vertical power structure, the allocation of judicial power in Chinese people’s courts presents various forms, such as different subjects the power come from, different proportions of power, local decentralization characteristics, and overlapping distribution of judicial power between regions and administrative regions. The operation of judicial power needs to follow the leadership of the Party committee, accept supervision from higher-level courts, and follow the requirements of ethnic regions. Under the horizontal power structure, the allocation of judicial power is mainly carried out between trial organizations such as independent judge and collegial benches. However, due to the sharing of judicial power by other organizations outside the trial organization, the allocation of judicial power presents a hierarchical feature, and the operation of judicial power also has complex rules.

References

[1]  Ai, X. J. (2001). Rethinking the Relationship between Central and Local Governments at China’s State Structure from the Perspective of State Power. Zhejiang Social Sciences, 77-82.
[2]  Chen, G. Q., & Huang, Z. W. (2011). On the Transformation of Power Structure: From Centralization to Restriction. Comparative Economic & Social Systems, 102-107+201.
[3]  Cui, Y. (1998). Power Structure and Supervision. Law, 7-12.
[4]  Guo, L. S. (2019). On the De-Localization and De-Administration of China’s Judicial Reform. Journal of Yantai University (Philosophy and Social Sciences Edition), 32, 47-53.
[5]  He, F. (2021). The Building, Improvement and Development of the Trial Grade System with Chinese Characteristics. China Law Review, 42, 198-209.
[6]  Hu, X. B. (2003). Judicial Power: An Analysis of Its Nature and Composition. People’s Court Press.
[7]  Jiang, H. L. (2022). On the Theoretical Way out of the Reform of the Judicial Organization System. Forum of Political Science and Law, 40, 53-65.
[8]  Liang, S. L. (2007). On the Organizational Structure of the Court also on the Deconstruction and Reconstruction of the Court in China. Law Journal, 99-101.
[9]  Lin, Y. (2018). Horizontal Configuration Structure of State Power. Jurist, 29-43+192-193.
[10]  Wan, G. Y., Guo, Y. M., Xiao, H. K., Yuan, Y. P., Wang, D. J. et al. (2018). Research on the Reform of the Operation Mechanism of Judicial Power—Theoretical Analysis and Institutional Construction with the Approach of Improving the Structure of Judicial Power. People’s Court Press.
[11]  Wang, Y. (2020). The Role of the Presiding Judge in the Trial Organization and its Action Logic—Based on the Investigation and Study of this Round of Judicial Reform. Social Sciences in Yunnan, 103-109.
[12]  Zhang, Q. F. (2012). Prevention and Control Mechanism of Judicial Local Protectionism. Journal of East China University of Political Science and Law, 3-10.
[13]  Zhang, Z. T. (2002). The Report of the Court to the NPC and the Administration of Judicial Power. Law Review, 18-23.
[14]  Zhou, Y. K. (2006). Normative Power: A Legal Study of Power. Law Press·China.
[15]  Zuo, W. M. (2019). Reflection and Suggestions on the Seven-Member Jury System. Law Journal, 40, 108-114+2.
[16]  Zuo, W. M., Zhou, C. J., Lu, X. G. et al. (1999). On the Internal Power Structure of Courts. Journal of Sichuan University (Philosophy and Social Sciences Edition), 85-96.

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