Historical Evolution Of The Chinese Communist Party Leadership To Justice

By describing the historical development of CPC leading judicature, this thesis studies the relationship between political party and judicature. In the first part of this thesis, starting from the treatise of general theories about relationship between political party and judicature, it analyzes the reasons why political party influences judicature, the close link between them, the limitation when political party influences judicature, and the distance or boundary they should hold from each other. And it also summarizes the mode of political party influencing judicature, as well as the tension between them.This paper argues that three factors——the transformations of CPC, of judicature in China, and of the whole society affect the relationship between CPC and judicature, which determines the way CPC leads judicature in China. These three factors will not remain changeless. In fact, they are experiencing great changes which will exert significant influence over the development of relationship between CPC and judicature.In the second part, from an angle of the effect that the transformation and development of CPC may impose on how the party leads judicature, the thesis analyzes the adjustments and changes in the methods of CPC leading judicature for the reason of political transition. The development of party system and party building has an immense impact on the historical development of CPC leading judicature. In modern China, the status and function of judicial power depend on the attitude and perception of CPC towards it. The role orientation of judicial power is actually decided by the party in power.Different countries have different party systems, while different party systems bring about different interactive relationship between political party and judicature. Even as to the same political party in one country, the relationship between party and judicature may be in constant change, because it may have different missions and goals at different periods of history. This essay will show you the different attitudes and perception of CPC towards judicature when in revolution and when in power.In the third section, the thesis discourses what changes are needed in the methods of CPC leading judicature to be in line with the transition of judicature. In the sixty years since the founding of new China, what reforms have been carried out in the judicial system? What transitions have taken place in the function of judicature? What changes have judicial power went through in its status, weighing and function? After all these questions, the conclusion I make is that, along with the transition of the whole society, the judicial system in China is also experiencing reform and development, which acts on the changes in the methods of CPC leading judicature. In this paper, I propose that the party in power should strengthen the function of judicature on the basis of persisting in the system of People's Congress, and standardize the ways in which people's congress and administrative organs impose their influence on judicial bodies in accordance with law.There are two parallel lines in this thesis, one of which is the relationship between political party and judicature and the development of this relationship. As to China, it refers to the historical development of CPC leading judicature. The other main line of this paper is the reasons for this development. Social transition brings about political and judicial transition, which means the transition of the whole society in China has been exercising great influence on the historical development of CPC leading judicature. The social state in China will decide how the CPC leads judicature to some degree. At the period of social transformation, the CPC and judicial bodies in China are all bearing significant social responsibilities, and faced with the challenge of adapting social changes.In all, the conclusion of this thesis is that the CPC will not give up leading judicature, which means there will be no substantial changes in the mode of CPC leading judicature. This is decided by the basic conditions of China and the system of the people's congress, as well as the historical development of CPC leading judicature and its perception towards judicature. From a historic view, however, the methods of CPC leading judicature have changed a lot, and continuous reform and improvement still need to be implemented.