Research on the Allocation and Operation of the People’s Courts’ Judicial Power from the Perspective of Power Structure
- 1 School of Law, Beijing Normal University, Beijing, China
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.
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