As a special institution within the court, the court trial supervision court is responsible for hearing and supervising all kinds of cases and has clear real power. Mainly responsible for reviewing whether there are errors in the effective judgment, trying retrial cases according to law, and performing other supervisory duties to ensure judicial justice and trial quality.
I. Duties and powers of the courts to adjudicate and supervise the courts
As a trial supervision institution, the court trial supervision court has the right to retrial all kinds of cases. When there are errors in fact finding, legal application or other major problems in the effective judgment, the trial supervision court has the right to start the retrial procedure and retry the case. In addition, the trial supervision court is also responsible for supervising the trial activities of lower courts and ensuring that they exercise judicial power according to law.
Second, the embodiment of the real power of the trial court.
The real power of the trial court is mainly reflected in the following aspects:
Retrial right: the trial supervision court has the right to retry the effective judgment, which is its most basic real power. Through the retrial procedure, the court of first instance can correct the wrong judgment and safeguard judicial justice.
Supervision power: the trial supervision court has the right to supervise the trial activities of the lower courts to ensure that they exercise judicial power according to law. This includes reviewing the legality and fairness of the judgments of lower courts and supervising whether the trial procedures are standardized.
Right of suggestion: During the supervision process, the trial supervision court has the right to make suggestions for improvement or correction if it finds that the lower court has illegal or improper behavior.
Third, the significance of the real power of the court of first instance.
The real power of the trial supervision court is of great significance for safeguarding judicial justice and safeguarding the legitimate rights and interests of the parties. Through the retrial procedure and supervision mechanism, the trial supervision court can correct the wrong judgment in time and prevent judicial corruption and abuse of power. At the same time, the real power of the trial supervision court is also conducive to improving the quality of trials, enhancing judicial credibility, and maintaining social stability and the rule of law.
To sum up:
As a trial supervision institution, the court trial supervision court has clear real power, including retrial power, supervision power and suggestion power. These real powers reflect the important role of the trial supervision court in safeguarding judicial justice and safeguarding the legitimate rights and interests of the parties. By exercising these real powers, the trial supervision court can correct wrong judgments in time, improve the quality of trials, enhance judicial credibility and provide a strong guarantee for social harmony and stability.
Legal basis:
Organic Law of People's Republic of China (PRC) People's Court
Article 17 stipulates:
People's courts at all levels may set up trial supervision courts, execution courts, research offices and other institutions as needed.
People's Republic of China (PRC) Civil Procedure Law
Article 207 provides that:
If a case is retried by the people's court in accordance with the procedure of trial supervision, the court of first instance shall make a legally effective judgment or ruling, and the case shall be tried in accordance with the procedure of first instance, and the parties concerned may appeal against the judgment or ruling made; A legally effective judgment or ruling shall be made by the court of second instance and tried in accordance with the procedure of second instance. The judgment or ruling made is a legally effective judgment or ruling; If a people's court at a higher level brings a lawsuit in accordance with the procedure of trial supervision, it shall try it in accordance with the procedure of second instance, and the judgment or ruling made shall become legally effective.