The Research Of Chinese Justice System

In recent years, in order to adapt to the developments and variations of economical base, as well as answer for the challenges faced by our judicial system after entrance to WTO, China has adjusted and reformed its current judicial system from legislation to judicial practice correspondently, aiming at establishing a kind of judicial system which suits to the need of social market economy. In the meantime of reforms of judicial system, people have had to focus on judges who are the key point of this system. Because it is just when the people who have been involved are the best that such system would be the best. Thus, on one hand, in order to realize judicial impartiality, it is necessary to have a better judicial system to ensure the judge to perform the duties with integrity and independence. On the other hand, it is imperative for professional and qualified judges to adapt law correctly. Therefore, we should establish a kind of justice system, which is scientific and conforms to the objective laws of trail. This thesis which has six chapters, basing on the principle theories of justice system, has paid attention on exposing the importance of judicial independence, judicial ethics and judges selection etc., and has analyzed the main shortcomings of our justice system as well, so that to path new ways and new trend of thought of our judge system.The first chapter is general principles. Firstly, the author introduces the definition of justice system. The so-called justice system is a whole set of administrative principles that ensure the judge perform the duties within the framework of law, relating to the judge selection, training, rewards and punishments, tenure, and dismiss as well. Secondly, on the bases of introducing and introspecting the history of justice system, the author point out the problems such as local way of justice administration, using administrative way to manage the performance of their duties, the lower level of whole professional competence, the incomplete of judges tenure insurance system and so on. Finally, on the premise that judicial impartiality and efficiency is the ultimate objective of the reform of justice system, the author designs a new way of Chinese justice system reform, namely the justice system reform should be systematical; the process of such reform should advance gradually. Furthermore, attention should be paid on the universality of reform methods, the limitation of jurisdiction, and it is necessary to insist on the legality of reform methods.The second chapter is named as the principle of judicial independence. Because of the negativity, neutrality, procedure, finality and firsthand experience, which the jurisdiction has, judicial independence became the mutual choice of the world. Judicial independence in west countries, which means the independence of judge, is different from our country, which means the independence of the whole court. The author issued that a case can't be heard by a court that is a abstract organization, on the country, the independence of judge is the presumption that the judge performs theduties of his office, so we should advocate the independence of judge in China from a long term point of view. Even so, since judges as a whole is not so rational and the supervision system is not so great in China currently, it will be better to adopt the independence of judicial committee as interim measure. In the meantime, in this chapter, the author also analysis the problems which existed when we implemented judicial independence, propose some prospects for consummating our judicial independence.The third chapter makes research on the system of judge selection. The essential aim of judge selection is to guarantee judge's high quality. The system of judge selection is divided into two parts: qualification for a judge and procedure of judge's appointment. Through the comparison and analyses of the qualification and procedure of appointment in civil law and common law countries, the author suggests that China should improve qualification st...