Justice usually refers to the special activities of the state judicial organs and their judicial personnel in handling cases by law in accordance with legal authority and procedures. Judicature is a way to implement the law, which is of great significance to realize the legislative purpose and give full play to the function of the law. In western capitalist countries, due to the "separation of powers", there are strict boundaries and distinctions between the judiciary, the executive and the legislature.

China's judicial organs generally refer to people's courts and people's procuratorates, and in a broad sense, they can also include public security organs, state security organs, judicial administrative organs, military security departments, prisons and other institutions responsible for criminal investigation.

Another aspect of the neutrality of judicial power is its negativity. Justice is the last line of defense to solve social contradictions, but it is not the only means. Consultation, mediation and arbitration are the first choice for the parties to solve civil disputes. Until the end, the country's judicial resources should not be used to solve civil disputes casually. American courts even applied the concept of mediation and reconciliation to criminal proceedings and established a plea bargaining system. About 90% of criminal cases can be settled out of court by prosecutors and defense lawyers or criminal defendants, which greatly saves the judicial resources of the country. The passivity of judicial power is also reflected in that judicial organs should not take the initiative to attack, but should wait passively. Generally speaking, the principle of non-prosecution and disregard is implemented, and judges cannot take the initiative to instigate the parties to go to court.

Article 89 of the Constitution of People's Republic of China (PRC) the State Council shall exercise the following functions and powers:

(1) To stipulate administrative measures, formulate administrative regulations and issue decisions and orders in accordance with the Constitution and laws;

(2) To submit a motion to the National People's Congress or the NPC Standing Committee;

(three) to clarify the tasks and responsibilities of the ministries and commissions, to lead the work of the ministries and commissions in a unified way, and to lead the state administrative work that does not belong to the ministries and commissions;

(four) unified leadership of the work of local state administrative organs at all levels throughout the country, and the specific division of functions and powers between the central government and the state administrative organs of provinces, autonomous regions and municipalities directly under the central government;

(five) the preparation and implementation of the national economic and social development plan and the national budget;

(six) to lead and manage economic work, urban and rural construction and ecological civilization construction;

(seven) the leadership and management of education, science, culture, health, sports and family planning;

(eight) the leadership and management of civil affairs, public security, judicial administration and other work;

(9) To manage foreign affairs and conclude treaties and agreements with foreign countries;

(10) To lead and manage national defense construction;

(eleven) to lead and manage ethnic affairs and ensure the equal rights of ethnic minorities and the autonomy of ethnic autonomous areas;

(twelve) to protect the legitimate rights and interests of overseas Chinese, and to protect the legitimate rights and interests of returned overseas Chinese and their relatives;

(thirteen) to change or cancel the inappropriate orders, instructions and rules issued by the ministries and commissions;

(fourteen) to change or revoke inappropriate decisions and orders of local state administrative organs at all levels;

(fifteen) to approve the regional division of provinces, autonomous regions and municipalities directly under the central government, and to approve the establishment and regional division of autonomous prefectures, counties, autonomous counties and cities;

(16) Deciding to enter a state of emergency in parts of provinces, autonomous regions and municipalities directly under the Central Government according to law;

(seventeen) to examine and approve the establishment of administrative institutions according to law, and to appoint, remove, train, assess and reward and punish administrative personnel;

(eighteen) other functions and powers granted by the National People's Congress and the NPC Standing Committee.