Report on the Work of the Civil College of the USSR Supreme Court

Under the USSR Constitution and the Statute on the USSR Supreme Court, supervision of the judicial activity of the courts of the USSR, and of the courts of the union republics within the limits established by law, is realized by this College, as well as by the USSR Supreme Court as a whole.     

Court Order No. 3, USSR Supreme Court Plenum,March 18, 1963

Having heard and discussed the reports of the Chairman of the RSFSR Supreme Court, Comrade L. N. Smirnov, the Chairman of the Lithuanian Supreme Court, Comrade A. L. Likas, and the Chairman of the Criminal College of the USSR Supreme Court, Comrade G. Z. Anashkin, on the fulfillment by the judiciary of the USSR Supreme Court Plenum's Order No. 6 of September 12, 1961, and having examined materials summarizing the practice of the courts in cases involving antisocial parasitic elements, the Plenum of the USSR Supreme Court takes note that the judiciary of the RSFSR, Lithuania and other union republics have recently somewhat improved their consideration of such cases, and have begun to apply more correctly the legislation on intensifying the struggle against persons refraining from socially useful labor and engaging in an antisocial and parasitic way of life.     

State Courts, the U.S. Supreme Court, and the Protection of Civil Liberties

Advocates of federalism, both in the United States and elsewhere, often cite the potential for enhanced protection of individual civil liberties as an emerging rationale for a federal system dividing governmental responsibilities between central and regional governments and central and regional judiciaries. Echoing this, some judicial officials and scholars, confronting an increasingly conservative U.S. Supreme Court, have called for state supreme courts to use the state constitutional grounds to preserve and increase the protections of the Bill of Rights. Using event count analysis, we examine state search-and-seizure cases for 1981 to 1993 to ascertain under what circumstances state courts would use this opportunity to eliminate Supreme Court review. We find that the relative ideological position of the state supreme courts and the U.S. Supreme Court often prevents, or does away with the need for, liberal courts to use the adequate and independent state grounds doctrine to expand the rights of criminal defendants and that state supreme court justices react more predictably in the assertion of constitutional protection law than the general consensus suggests.     

Diversifying State Supreme Courts

Why do some states diversify their supreme courts sooner than others? Using original data on the first black and female state supreme court justices, I contend that political and institutional pressures influence when states diversify their high courts. The results suggest that selection systems, institutions affecting turnover, and the appointment of political minorities to the United States Supreme Court are associated with states seating their first black and female justices. The findings have implications for our understanding of the political and institutional circumstances that promote judicial diversity.     

Pressing Problems in Improving the Legislation on Administrative Responsibility

In publishing this and other articles on improving the legislation on administrative responsibility, the editors seek to familiarize their readers with the problems arising in generalizing the experience in applying the decree of the Presidium of the USSR Supreme Soviet, "On Further Limitation of the Imposition of Fines by Administrative Procedure," of June 21, 1961, and the decrees of the presidiums of the supreme soviets of the union republics adopted in accordance therewith, and also to be of aid in improving the legal acts prevailing in this field.     

The Standing Committees and the Ministries

The 23rd Congress of the CPSU posed the task of enhancing the role of the supreme Soviets and defined the principal directions to be followed in solving this task. The most important of them are the further improvement in the activity of the standing committees [postoiannye komissii], which contribute to the development of socialist democracy, the improvement in the work of the supreme Soviets and the agencies of state administration, and the activization of deputies. At the first session of the seventh Supreme Soviet [sed'mogo sozyva] of the USSR, the report by N. V. Podgorny, Chairman of the Presidium of the USSR Supreme Soviet, "On Organizing the Standing Committees of the Soviet of the Union and the Soviet of Nationalities," emphasized the major role of the standing committees in social and economic development and expressed confidence that their functioning would promote the fulfillment of the tasks facing the country. (1) The seventh supreme Soviets of the USSR and of the union republics carried out a number of practical measures to implement the instructions of the party to increase the role of the standing committees.     

经济体制变迁中的最高人民法院(1949-1978年)

在计划经济体制下 ,最高人民法院的主要任务不是进行具体的经济决策 ,而是以不同形式为政治服务。最高人民法院在中央各机关关系中处于被边缘化的位置 ,甚至审判与行政权力并没有严格的界限。从经济变迁来看 ,计划经济体制导致最高人民法院过于集权化 ,进而加强对下级法院的控制 ;而在市场经济的形成过程中 ,最高人民法院与地方法院的关系需要从集权转向一定程度的分权 ,让各级法院都有一定的公共政策制定权力     

Scientific-Methodological Conference of USSR Supreme Court

The Scientific Consultative Council under the USSR Supreme Court has held a scientific-methodological conference. It was in preparation for a long time. As early as July 1965, the journal Sotsialisticheskaia zakonnost' informed its readers of the forthcoming conference and published an article by S. Radzhabov, "Improve the Administration of the Courts" [Sovershenstvovat' sudebnoe upravlenie], and another by S. Komissarov, "The Supervisory Powers of the USSR Supreme Court Need Improving" [Nadzornye polnomochiia Verkhovnogo Suda Soiuza SSR nuzhdaiutsia v sover-shenstvovanii]. In August of last year a report was published of a round-table conference conducted by the editors and devoted to the effectiveness of criminal punishment. Subsequently, the journals Sotsialisticheskaia zakonnost', Sovetskaia iustitsiia, and Radians'ke pravo have been publishing, in each of their issues, articles, surveys, and proposals on improving the functioning of the courts and increasing the effectiveness of criminal punishment.     

The Law on Citizenship of the USSR

The new Law on USSR Citizenship, adopted by the USSR Supreme Soviet, December 1, 1978, is a notable contribution to carrying out the program of legislative activity deriving from the USSR Constitution of 1977. The issuance of such a law is envisaged directly in the Constitution, which reads: "The grounds and procedure for acquiring or forfeiting Soviet citizenship are defined by the Law on Citizenship of the USSR" (Article 33). The new law replaces the 1938 Law on USSR Citizenship. That law, consisting of only eight articles, no longer covers many questions of citizenship arising in practice at the present time. Various normative documents were adopted in addition thereto, including instructions by ministries and agencies regulating certain important relationships that should have been settled in law. In writing the new USSR Citizenship Law, the goal was to embrace all questions of citizenship requiring legislative regulation. The law reproduces the corresponding provisions of the USSR Constitution and gives consideration to provisions of the previously prevailing legislation on citizenship and to present practices in this regard. There are new provisions as well. The drafting of the bill was conducted on a broad democratic basis; participating were deputies to the USSR Supreme Soviet, the relevant ministries and agencies, the presidiums of supreme soviets of union republics, and representatives of the science of jurisprudence.     

The Transmission of Legal Precedent Across the Australian State Supreme Courts Over the Twentieth Century

This article considers several possible determinants of the transmission of legal precedent across Australian state supreme courts over the course of the twentieth century. The study finds that that the transmission of legal precedent is higher between State supreme courts that are more physically proximate and between state supreme courts in which a majority of judges in both courts are appointed by conservative governments. The study further finds that having an intermediate trial court and providing appointments to the High Court of Australia are correlated with whether a state is a source of interstate citations or a cue sender.     

An Important Stage in the Development of Soviet Civil Law

In December of 1961 the Supreme Soviet of the USSR, in its Seventh Session, approved the Principles of Civil Legislation of the USSR and the Union Republics. New civil codes had to be enacted in the union republics in accordance with the Principles. The latter will also serve as the basis for developing and bringing up to date civil legislation within the jurisdiction of the USSR.     

The Impact of Supreme Court Activity on the Judicial Agenda

When the Supreme Court takes action, it establishes national policy within an issue area. A traditional, legal view holds that the decisions of the Court settle questions of law and thereby close the door on future litigation, reducing the need for future attention to that issue. Alternatively, an emerging interest group perspective suggests the Court, in deciding cases, provides signals that encourage additional attention to particular issues. I examine these competing perspectives of what happens in the federal courts after Supreme Court decisions. My results indicate that while Supreme Court decisions generally settle areas of law in terms of overall litigation rates, they also introduce new information that leads to increases in the attention of judges and interest groups to those particular issues.     

The Right of Citizens to Appeal Acts by Officials to Courts

The increased role of the courts and enlarged judicial protection of citizens' rights enunciated in the USSR Constitution constitute a further development of Soviet socialist democracy. As we know, the notion of appealing to courts the acts of administrators was propounded by the founders of Marxism-Leninism themselves. (1) In the USSR, the foundations of the institution of judicial supervision of the functioning of the executive were established in the earliest years of Soviet power and were developed in the decree of the Central Executive Committee (TsIK) and Council of People's Commissars of April 11, 1937 - establishing judicial supervision over the activities of financial bodies in recovering from citizens arrears of federal and local taxes and levies, compulsory salary insurance, and local-option taxation - and in the Statute on Elections to the Supreme Soviet of the USSR affirmed by decree of the USSR TsIK of July 9, 1937, granting citizens the right to appeal to courts decisions of executive committees of soviets on refusal to make corrections in lists of voters. (2) This institution was subsequently developed in the Principles of Civil Procedure of the USSR and Union Republics and the corresponding codes of the union republics establishing procedural rules for trial by courts of cases arising out of relationships at administrative law.     

Improving the Effectiveness of Supervision by the Procuracy

A seminar-conference on general supervision was held in Moscow, July 2-4 of this year, to which were invited the chiefs of general supervision of the procuracies of the republics of a number of territories and regions, and of Moscow, Leningrad, Alma-Ata, and other cities, some vice-procurators of union republics, and procurators of autonomous republics, territories, regions, cities, and districts. Responsible personnel of the CPSU Central Committee and of the Presidium of the USSR Supreme Soviet, as well as legal scholars, also took part in the conference.     

Argumentation and Legal Interpretation in the Criminal Decisions of the Polish Supreme Court and the German Federal Court of Justice: A Comparative View

The subject of this study are the argumentation strategies applied by the Polish and German apex courts competent in criminal matters, namely the Supreme Court and the Federal Court of Justice, respectively. The investigation encompasses a total of 200 rulings issued by the criminal panels of these bodies. Particular focus was put on examining which arguments both courts apply to solve interpretation problems, and secondly, how these courts systematize the interpretation process. Methodologically, the examination utilizes, inter alia, the principles of qualitative research, without neglecting the legal dogmatic perspective. A crucial theoretical foundation underlying this study is the distinction between formalistic and substantive legal cultures. The examination reveals that neither the Polish nor the German legal culture is purely formalistic or value-oriented. Nevertheless, the Supreme Court of Poland shows greater affinity for formalistic arguments, whereas the substantive interpretation methods are more widespread in the judicature of the German Federal Court of Justice. In particular, the Polish Court prefers the linguistic interpretation, whereas the German Court favours the purposive approach.

     

An Important form of Improvement of the Professional Skills of Justice Personnel

In accordance with the joint decree of the CPSU Central Committee and the USSR Council of Ministers of July 30, 1970, "On Measures to Improve the Work of Judicial and Procuracy Organs," and Decree No. 640 of November 12, 1970, of the RSFSR Council of Ministers, permanent republic-wide courses for improving the qualifications of justice personnel in the RSFSR have been organized in that federation. Here members of supreme courts of autonomous republics, members of territorial, regional, city, and national area courts, presiding judges of district (or city) people's courts, people's judges, consultants of departments of justice and of courts, notaries, and defense attorneys will undergo retraining. Branches of the republic-wide courses for bailiffs, office heads, secretaries of courts and hearings, clerks, and inspectors are being established in affiliation with the ministries of justice of autonomous republics and the justice departments of the executive committees of territorial and regional Soviets of working people's deputies.     

Administrative Law

The decree of the Presidium of the USSR Supreme Soviet of June 21, 1961, "Further Limitation of the Levying of Administrative Fines," which establishes a number of fundamental propositions on administrative responsibility, came into effect in January 1962. The union republics have adopted appropriate legislation in furtherance of this decree.     

Institutional Arrangements and the Dynamics of Agenda Formation in the U.S. Supreme Court and Courts of Appeals

The manner in which agenda change occurs demonstrates how institutional arrangements influence agenda priorities in the Supreme Court and Courts of Appeals. A neo-institutional theoretic perspective is employed to examine the dynamics of agenda formation in these courts. The article finds that the Supreme Court's agenda choices influence the decisions of litigants, interest groups, and lawyers to appeal certain cases to the Courts of Appeals. While the Supreme Court's agenda primarily is influenced by internal factors, it is constrained by agenda changes in the appeals courts. Critically, it is shown that these federal appellate courts exist within an endogenous system with respect to agenda formation, as both courts respond to agenda changes made in the other over time.     

Precedent, Parity, and Racial Discrimination: A Federal/State Comparison of the Impact of Brown v. Board of Education

Questions regarding Brown v. Board of Education 's short-term effect remain unanswered, particularly its comparative impact on federal district courts and state supreme courts. We test this through an analysis of racial discrimination cases in those venues in the twenty-year period bifurcated by the decision in May 1954. Our findings suggest that while federal district courts and state courts were similarly unresponsive to discrimination claims before that date, Brown exerted a significant impact on district court decisions but had little influence at the state level. Furthermore, a third pattern was found in federal appellate courts, where discrimination claims had a high likelihood of pro-minority decisions even before the Supreme Court directive.     

最高人民法院的司法文件:现状、问题与前景

除了制定司法解释之外,我国最高人民法院还通过颁布各种形式的抽象性司法文件来指导甚至约束各级人民法院的法律适用活动,这一方面可以视为最高人民法院试图在通过低成本的方式来实现法制统一的目标,但其中也蕴含着某些阻碍我国司法体制进步的消极因素,因此,需要在司法体制改革的过程中加以关注并予以有效解决。