Dual Justice Model Study

This paper uses the legal concept of Marxism in China as a guide, uses multi-disciplinary knowledge of political science, constitutional law, Criminal Law, Civil Law, Economic Law, Administrative Law, Litigation Law. Based on Chinese national conditions, From political theory, cultural and historical origins, the judicial practice of heritage and the reform and development approach, and so on, clarify the science and rationality of the procuratorial organs and the Judicial organs share the judicial power of binary justice model under the people's Congress system. From the aspect of organizational structure, power structure, operation mode and perfect path, it is clarifying the structural differences of binary justice model under the Chinese constitutional system and the trial center judicial mode of Western constitutional system of the three powers separation. Based on the in-depth consideration and objective evaluation of judicial allocation mode and practice status, it is answer what is binary justice model of Chinese characteristics, and how to perfect the binary justice mode.The first:The basis and concept of Chinese binary justice mode. It is illustrative the concept and meaning of the binary justice model, From the aspect of Marxist-Leninism doctrine of pepole's sovereignty and the legal supervision ideology, on the basic theory of the People's Congress system of the theoretical system of socialism with Chinese characteristics and Chinese national conditions and the basis and historical and cultural demonstrate the rationality and necessity of the mode.The second:The formation and development of Chinese binary mode of Justice. It is the inevitable choice of Primary stage of socialism, Formed in the extra-territorial draw, consolidated in the practice of heritage, and developing in the reform and opening up, and to sort out and respond of academic debate in this process.The third:The Organizational structure of the binary mode of Justice. It is Start from the compare the structure of binary mode of Justice of the extra-territorial, discoved the differences of the concept and connotation of Chinese and Western judicial organs and the differences of the constitutional position of Chinese and Western. From the constitutional basis for the Parallel of procuratorial and Judicial, the institutional settings correspond to the procuratorial and Judicial, judges and prosecutors management system and the value of procuratorial and Judicial system, to demonstrate the judicial system is the organizational foundation of the dual justice model with Chinese characteristics. The fourth:The terms of allocation of the binary justice model, It is start from the historical evolution of the configuration from the court and prosecutorial powers. to elaborate and analysis the power of procuratorial and Judicial in the criminal Litigation, the power of procuratorial and Judicial in the civil and administrative Litigation, the power of procuratorial and Judicial in the the non-litigation activities, demonstrate the entity for the characteristics of the judicial power and process control features of prosecutorial power,is a binary justice mode of two core with Chinese characteristics.The fifth:Operation mode of the binary justice. From the operation of criminal Litigation, the operation of civil and administrative litigation, and the rule of judicial operation with Chinese characteristics,with the features of coordinate and supervision,litigation and litigation supervision,is a value of binary justice model with Chinese characteristics.The sixth:Reform and perfect the binary judicial mode. From the basis of negate the trial centered academic view,it is illustrative the goal of judicial reform, the basic principles the overall vision and specific measures of the dual judicial reform, aimed at achieving conform with the binary justice model theory and judicial practice, in particular with currently being judicial reform.It is to improve the advice and suggestionsfor the construction of the judicial system of socialism with Chinese characteristics.