Abstract:

Special court for trial supervision has been set up for more than ten years at basic-level people’s court. With the deepening of the reform of the judiciary, its function is constantly repositioned accordingly but problems still exist in the function positioning of the basic-level people’s court for judicial supervision. More emphasis has been put on judicial than on supervision; unreasonable distribution of power and institutional setting which resulted in inadequate functioning; the substantive justice has been given higher priority than the procedural fairness, which led to distorted values. Therefore, special court for trial supervision at the basic-level people’s court should be positioned as follows: weakening the judicial functions and expanding the supervision functions, functioning as the major part of internal judicial synchronous tracking process and the comprehensive management of judicial activities, coordinating external supervision and providing feedbacks, and guiding court trial and trial research.

Key words: basic-level people’s court, judicial supervision court, judicial supervision, judicial management, separation of judicial and supervision