Supreme People's Court in the context of "Government of the People's Republic of China"

⭐ In the context of the Government of the People's Republic of China, the Supreme People's Court is considered…

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⭐ Core Definition: Supreme People's Court

The Supreme People's Court of the People's Republic of China (SPC) is the highest court of the People's Republic of China. It hears appeals of cases from the high people's courts and is the trial court for cases about matters of national importance.

The Supreme People's Court was established in October 1949, and its functions were first outlined in 1954. During the Cultural Revolution, the court was occupied by the People's Liberation Army from 1968 to 1973. During the period of reform and opening up, the court began to focus on legal issues.

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πŸ‘‰ Supreme People's Court in the context of Government of the People's Republic of China

The government of the People's Republic of China is based on a system of people's congress within the parameters of a unitary communist state, in which the ruling Chinese Communist Party (CCP) enacts its policies through people's congresses. This system is based on the principle of unified state power, in which the legislature, the National People's Congress (NPC), is constitutionally enshrined as "the highest state organ of power." As China's political system has no separation of powers, there is only one branch of government which is represented by the legislature. The CCP through the NPC enacts unified leadership, which requires that all state organs, from the Supreme People's Court to the State Council of China, are elected by, answerable to, and have no separate powers than those granted to them by the NPC. By law, all elections at all levels must adhere to the leadership of the CCP. The CCP controls appointments in all state bodies through a two-thirds majority in the NPC. The remaining seats are held by nominally independent delegates and eight minor political parties, which are non-oppositional and support the CCP. All government bodies and state-owned enterprises have internal CCP committees that lead the decision-making in these institutions.

The NPC meets annually for about two weeks in March to review and approve major new policy directions, and in between those sessions, delegates its powers to the working legislature, the NPC Standing Committee (NPCSC). This organ adopts most national legislation, interprets the constitution and laws, and conducts constitutional reviews, and is headed by the chairman, one of China's top officials. The president is a ceremonial office and has no real power but represents China abroad, though since the 1990s, the presidency has always been held by the leader of the Chinese Communist Party. Elected separately by the NPC, the vice president has no power other than what the president bestowed on them but assists the president. The head of the State Council, the NPC's executive organ, is the premier. The General Secretary of the Chinese Communist Party is China's leading official since the CCP is tasked with formulating and setting national policy which the state, after being adopted by the NPC or relevant state organ, is responsible for implementing.

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Supreme People's Court in the context of National People's Congress

The National People's Congress (NPC) is the highest organ of state power of the People's Republic of China (PRC). Per the principle of unified power, the NPC heads China's unified state apparatus, and per the division of labour of state organs all state organs from the State Council to the Supreme People's Court (SPC) are accountable to it. With 2,977 members in 2023, it is the largest legislative body in the world. The NPC is elected for a term of five years. It holds annual sessions every spring, usually lasting from 10 to 14 days, in the Great Hall of the People on the west side of Tiananmen Square in Beijing.

Under China's Constitution, the NPC is structured as a unicameral legislature, with the power to amend the Constitution, legislate and oversee the operations of the government, and elect the major officers of the National Supervisory Commission, the Supreme People's Court, the Supreme People's Procuratorate, the Central Military Commission, and the state. Since Chinese politics functions within a communist state framework based on the system of people's congress, the NPC works under the leadership of the Chinese Communist Party (CCP). Some observers characterize the branch as a rubber stamp body. Most delegates to the NPC are officially elected by local people's congresses at the provincial level, local legislatures which are indirectly elected at all levels except the county-level. The CCP controls the nomination and election processes at every level in the people's congress system.

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Supreme People's Court in the context of Judicial system of China

The judiciary of the People's Republic of China (PRC), organized under the constitution and organic law, is one of five organs of state power elected by the National People's Congress (NPC). The PRC does not have judicial independence or judicial review as the courts do not have authority beyond what is granted to them by the NPC under a system of unified power. The Chinese Communist Party's Central Political and Legal Affairs Commission maintains effective control over the court system and its personnel. Hong Kong and Macau have separate court systems in accordance with the "one country, two systems" doctrine.

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