The Supreme People's Court of the People's Republic of China (SPC; ) is the

highest court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

of the

People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...

. It hears

appeals In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...

of cases from the

high people's court A high people's court or higher people's court (高级人民法院) is the highest local court in the People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's List o ...

s and is the

trial court A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mos ...

for cases about matters of national importance. The court also has a quasi-legislative power to issue judicial interpretations and adjudication rules on court procedure. According to the

Chinese constitution The Constitution of the People's Republic of China is the supreme law of the People's Republic of China. It was adopted by the 5th National People's Congress on December 4, 1982, with further revisions about every five years. It is the fou ...

, the Supreme People's Court is accountable to the

National People's Congress The National People's Congress of the People's Republic of China (NPC; ), or simply the National People's Congress, is constitutionally the supreme state authority and the national legislature of the People's Republic of China. With 2,9 ...

, which prevents the court from functioning separately and independently of the governmental structure. The court has about 400 judges and more than 600 administrative personnel. The court serves as the highest court for the People's Republic of China and also for cases investigated by the

Office for Safeguarding National Security The Office for Safeguarding National Security of the Central People's Government of the People's Republic of China in the Hong Kong Special Administrative Region (OSNS; ) is the Chinese central government's national security office in Hong K ...

in Hong Kong. The

special administrative regions The special administrative regions (SAR) of the People's Republic of China are one of the provincial-level administrative divisions of the People's Republic of China directly under the control of its Central People's Government (State Co ...

Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China (abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delta i ...

and

Macau Macau or Macao (; ; ; ), officially the Macao Special Administrative Region of the People's Republic of China (MSAR), is a city and special administrative region of China in the western Pearl River Delta by the South China Sea. With a p ...

have separate judicial systems based on British

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...

traditions and

Portuguese Portuguese may refer to: * anything of, from, or related to the country and nation of Portugal ** Portuguese cuisine, traditional foods ** Portuguese language, a Romance language *** Portuguese dialects, variants of the Portuguese language ** Portu ...

civil law traditions respectively, and are out of the jurisdiction of the Supreme People's Court.

History

The Supreme People's Court was established on 22 October 1949 and began operating in November 1950. At least four members of the first court leadership did not come from a legal background, and most staff members came from the military. The functions of the court was first outlined in the Chinese constitution in its 1954 version, which said the court has the power of independent adjudication and is accountable to the National People's Congress. During the

Cultural Revolution The Cultural Revolution, formally known as the Great Proletarian Cultural Revolution, was a sociopolitical movement in the People's Republic of China (PRC) launched by Mao Zedong in 1966, and lasting until his death in 1976. Its stated goa ...

, the 1975 constitution removed the provision that said courts were to decide cases independently and required them to report to revolutionary committees. Most staff members of the court were sent to the countryside, and the People's Liberation Army occupied the court from 1968 to 1973. Following the end of the Cultural Revolution in 1976, the Supreme People's Court began to focus on legal issues, especially those related to civil and commercial law, because of China's

economic liberalization Economic liberalization (or economic liberalisation) is the lessening of government regulations and restrictions in an economy in exchange for greater participation by private entities. In politics, the doctrine is associated with classical liber ...

under new leader

Deng Xiaoping Deng Xiaoping (22 August 1904 – 19 February 1997) was a Chinese revolutionary leader, military commander and statesman who served as the paramount leader of the People's Republic of China (PRC) from December 1978 to November 1989. After CCP ...

. The independent power of adjudicate cases returned to the constitution with the 1982 amendment, which explicitly states the courts' right of adjudication cannot be influenced by administrative organs, social organizations and individuals. In 2005, the Supreme People's Court announced its intent to "

ake Ake (or Aké in Spanish orthography) is an archaeological site of the pre-Columbian Maya civilization. It's located in the municipality of Tixkokob, in the Mexican state of Yucatán; 40 km (25 mi) east of Mérida, Yucatán. The name ...

back authority for death penalty approval" over concerns about "sentencing quality", and the

officially changed the

Organic Law on the People's Courts Organic may refer to: * Organic, of or relating to an organism, a living entity * Organic, of or relating to an anatomical organ Chemistry * Organic matter, matter that has come from a once-living organism, is capable of decay or is the product o ...

to require all death sentences to be approved by the Supreme People's Court on 31 October 2006. A 2008 report stated that since the new review process, the court has rejected 15 percent of the death sentences decided by lower courts. Since March 2013, the President of the Supreme People's Court and Grand Chief Justice has been

Zhou Qiang Zhou Qiang (; born 25 April 1960) is a Chinese politician who is the current Chief Justice and President of the Supreme People's Court of China. Previously, he served as the secretary of the Chinese Communist Party's Hunan committee, the effec ...

. In 2013, the court began a

blacklist Blacklisting is the action of a group or authority compiling a blacklist (or black list) of people, countries or other entities to be avoided or distrusted as being deemed unacceptable to those making the list. If someone is on a blacklist, ...

of debtors with roughly thirty-two-thousand names. The list has since been described a first step towards a national

Social Credit System The Social Credit System () is a national credit rating and blacklist being developed by the government of the People's Republic of China. The social credit initiative calls for the establishment of a record system so that businesses, indivi ...

by state media. In 2015, the court began working with private companies on social credit. For example,

Sesame Credit Zhima Credit (), also known as Sesame Credit, is a private credit scoring and loyalty program system developed by Ant Group, an affiliate of the Chinese Alibaba Group. It uses data from Alibaba's services to compile its score. Customers receive a ...

began deducting credit points from people who defaulted on court fines. On 1 January 2019, the Intellectual Property Tribunal of the Supreme People's Court was established to handle all second instance hearings from cases heard in the first instance by the Intellectual Property Courts.

Functions

Adjudication

The Supreme People's Court exercises its original jurisdiction over cases placed with the court by laws and regulations and those the court deems within its jurisdiction. It also reviews appeals or protests against trial decisions or verdicts of high people's courts and special people's courts, as well as appeals against court judgments lodged by the

Supreme People's Procuratorate The Supreme People's Procuratorate () is the highest national agency responsible for legal prosecution and investigation in the People's Republic of China. Conceived initially in 1949 as the Supreme People's Prosecutor's Office, the agency was r ...

according to trial supervision procedures. When the court has discovered errors in the rulings and verdicts of lower courts that are already enforced, it investigates or appoints a lower court to rehear the case. The court also approves death sentences and suspended death sentences handed down by lower courts. It also approves verdicts on crimes not specifically stipulated in the criminal law.

Legal interpretation

The court explains the application of laws in specific cases during a trial. Further details about this were described by

as: : While the Chinese constitution does not state that courts have the power to review laws for their constitutionality (see

constitutional review Constitutional review, or constitutionality review or constitutional control, is the evaluation, in some countries, of the constitutionality of the laws. It is supposed to be a system of preventing violation of the rights granted by the constitution ...

), the Supreme People's Court can request the Standing Committee of the National People's Congress to evaluate whether an administrative rule, local regulation, autonomous regulation or separate regulation contravenes the constitution or a national law. However, the Supreme People's Court has never made such request.

Supervision of lower courts

The Supreme People's Court is also responsible for supervising the adjudication of lower courts and specialized courts.

Organization

; Divisions within the Supreme People's Court * Case-Filing Division * Criminal Divisions (5) *

Civil Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil (journalism), a platform for independent journalism *Civilian, someone not a membe ...

Divisions (4) * Environment and Resources Division * Administrative Division * Judicial Supervision Division ; Departments within the Supreme People's Court * State Compensation Division * Enforcement Department (Enforcement Command Center) * General Office * Political Department * Research office * Adjudication Management Office * Discipline and Supervision Department * International Cooperation Department * Judicial Administration and Equipment Management Department * Party-Related Affairs Department * Retirees'Affairs Department * Information Department ; Circuit and other courts of the Supreme People's Court # First Circuit (established in

Shenzhen Shenzhen (; ; ; ), also historically known as Sham Chun, is a major sub-provincial city and one of the special economic zones of China. The city is located on the east bank of the Pearl River estuary on the central coast of southern province ...

, Dec 2014) #

Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate jur ...

(established in Shenyang, Dec 2014) #

Third Circuit The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts: * District of Delaware * District of New Jersey * Easte ...

Fourth Circuit The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts: * District of Maryland ...

# Fifth Circuit #

Sixth Circuit The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * Eastern District of Kentucky * Western District of K ...

# First International Commercial # Second International Commercial # Intellectual Property Court

President/Chief Justices and Vice Presidents of the Court

# 1949–1954: Supreme People's Court of the

Central People's Government The State Council, constitutionally synonymous with the Central People's Government since 1954 (particularly in relation to local governments), is the chief administrative authority of the People's Republic of China. It is chaired by the p ...

#* President:

Shen Junru Shen Junru (; January 2, 1875 – June 11, 1963) was a Chinese lawyer, political figure, and the first president of the Supreme People's Court of China of the Central People's Government of the People's Republic of China. Biography Shen was ...

# 1954–1959: Supreme People's Court of the People's Republic of China under the

1st National People's Congress The 1st National People's Congress () was in session from 1954 to 1959. It held four sessions in this period. There were 1226 deputies to the Congress. These were the first legislative elections to take place after the founding of the People's R ...

#* President: Dong Biwu #* Vice Presidents: Gao Kelin, Ma Xiwu, Zhang Zhirang # 1959–1965: 2nd National People's Congress #* President: Xie Juezai #* Vice Presidents: Wu Defeng, Wang Weigang, Zhang Zhirang # 1965–1975: 3rd National People's Congress #* President: Yang Xiufeng #* Vice Presidents: Tan Guansan, Wang Weigang, Zeng Hanzhou, He Lanjie, Xing Yimin, Wang Demao, Zhang Zhirang # 1975–1978: 4th National People's Congress #* President: Jiang Hua (1907–1999), Jiang Hua #* Vice Presidents: Wang Weigang, Zeng Hanzhou, He Lanjie, Zheng Shaowen # 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 Tianxiang #* Vice Presidents: Ren Jianxin, Song Guang, Wang Huaian, Wang Zhanping, Lin Huai, Zhu Mingshan, Ma Yuan (judge), Ma Yuan # 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 Changli, 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 Yang (judge), Xiao Yang #* Vice Presidents: Zhu Mingshan, Li Guoguang, Jiang Xingchang, Shen Deyong, Wan Exiang, Cao Jianming, Zhang Jun (judge), Zhang Jun, Huang Songyou, Jiang Bixin # 2003–2007: 10th National People's Congress #* President: Xiao Yang (judge), Xiao Yang #* Vice Presidents: Cao Jianming, Jiang Xingchang, Shen Deyong, Wan Exiang, Huang Songyou, Su Zelin, Xi Xiaoming, Zhang Jun (judge), Zhang Jun, Xiong Xuanguo # 2008–2013: 11th National People's Congress #* President: Wang Shengjun #* Vice Presidents: Shen Deyong (Executive), Zhang Jun (judge), Zhang Jun, Wan Exiang, Jiang Bixin, Su Zelin, Xi Xiaoming, Nan Ying, Jing Hanchao, Huang Ermei # 2013–2018: 12th National People's Congress #* President:

# 2018—present: 13th National People's Congress #* President:

#* Vice Presidents: He Rong, Jiang Wei, Tao Kaiyuan, Gao Jinghong, Yang Wanming, Yang Linping, He Xiaorong, Shen Liang

References

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.

Court information in English, maintained at People's Daily Online.
The Supreme People's Court of the People's Republic of China
English website.

{{DEFAULTSORT:Supreme People's Court Supreme People's Court, Judiciary of China National supreme courts, China 1949 establishments in China Courts and tribunals established in 1949