TITLE:
Research on the Allocation and Operation of the People’s Courts’ Judicial Power from the Perspective of Power Structure
AUTHORS:
Jing He
KEYWORDS:
Power Structure, Judicial Power Allocation, Collegial Bench
JOURNAL NAME:
Chinese Studies,
Vol.13 No.1,
February
28,
2024
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.