| In modern China, with the establishment of market economic system, graduate perfection of democratic politics, and constitutionalization of the concept "Rule of the Country by Law", China is more in need of more democratic, scientific judicial structure as well as the operating system consistent with it. The judicial reform in progress all over China is exactly the great social movement meeting this demand. Under this situation, it is of theoretical value and practical significance to conduct study and analysis concerning related issues of judicial reform. This thesis covers some basic theoretical issues in judicial reform, like the function and ingredients of the sword of justice, the subject and target, the fundamental ideas and principles, and methods and goals of judicial reform. It comprehensively takes the approaches of comparison, etc., and based on judicial theories, it conducts a macro analysis on the current status and existing problems of China's judicial reform. Moreover, this thesis proposes some reform measures. This thesis is divided in 7 chapters, with the first 5 on the analysis of fundamental theoretical issues in judicial reform, and last 2 on the specific issues in the reform. The details of each chapter goes as follows:Chapter 1 Overview of Judicial Reform. First of all, the author analyzes the basic concepts of justice and the sword of justice, pointed out that justice mentioned in this thesis refers to the activities of courts and procuratorates handling proceedings in accordance to law, and corresponding to this, judicial office refers to both procuratorial authority and court. Second, the author analyzes four elements constituting jurisdiction: judicial subject, judicial act, judicial object, and judicial process, and regards them as interrelated and inseparable. Third, the author analyzes the concept of judicial reform, proposing that judicial reform refers to a general term for transformations and changes relating to judicial system, judicial structure and judicial concept, and pointing out that judicial reform is of inevitable, systematic and long-term nature. Fourth, the author analyzes the basic forms of judicial reform, listing four possible types of our judicial reform, that is, the type of establishing legal rule, the type of deepening legal rule, the type of simplifying legal rule and the type of composite rule, and pointing out that our reform belongs to the last category. Last, the author notes that "Pan Subject Theory" should be promoted in our judicial reform, with all citizens, judicial organs and judicial practitioners, attorneys, bar, legislature,government being the important subjects of the judicial reform, and the targets of judicial reform should cover judicial subject, judicial act, judicial object, and judicial process.Chapter 2 Background Analysis and Review of Judicial Reform. First, the author analyzes the historical background and social conditions for the judicial reform. Second, a brief review of the currently ongoing judicial reform was conducted by dividing it into three stages.Chapter 3 Fundamental ideas and Basic Principles of Judicial Reform. First, the author holds that the fundamental ideas of judicial reform refers to the basic guiding thoughts that go through all the reform process and play guiding and dominant role, and proposes that in our judicial reform two basic ideas should be promoted: law prevail over everything and people-orientedness. Second, five principles are suggested: the principle of phase-in, the principle of system, the principle of localization, the principle of modernization, the principle of national authority.Chapter 4 Methods and Goals of the Judicial Reform. First, three potential methods are analyzed: radical, conservative and middle-of-the-road, and the last one is favored. Second, the goals should aimed at the two areas of system transformation and concept change, and four specific aspects: independent professional judicial team, just and effective judicial system, reasonable dispute resol...
|
PDF Full Text Request