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The Historical Evolution Of China's Judicial System And Judicial Reform

Posted on:2004-02-16Degree:DoctorType:Dissertation
Country:ChinaCandidate:R D ChiFull Text:PDF
GTID:1116360122966301Subject:Chinese Communist Party
Abstract/Summary:PDF Full Text Request
Judicial fairness is the question that people pay more attention to. Such negatory appraisals as judicial unfairness, corruption injustice or local protectionism not only appear in scholars' works and conversation of common people, but frequently appear in the speeches and official documents given by party and state leaders, which fully demonstrate the seriousness of the problems. Going deep into criticism and discussion, people's primary understanding on the above-mentioned problems has gradually been raised to a new level. Therefore, it is unavoidable that judicial system reform has almost become one of the strongest voices from mass population of China. To carry through judicial reform is the important content of current law system construction, and is even the needs in strategy for China to rule the country by law.History is a mirror. Nowadays, we probe into the reform of judicial system, and can not neglect frustration, rise and decline occurred in the judicial system of China in the past 50 years. The active role of judicial system of China can not be overestimated either in foundation of new China transferring from new democracy to socialism or in serving land reform at the beginning of 50s, even in serving reform and opening up in the 80s to guarantee successful development of market economy construction. However, every coin has two sides. Under this consciousness, the justice can not display its own logic, in particular, the foundation of socialist market economic system and establishment of general plan for ruling the country by law make the traditional judicial system to be confronted with more and more rebukes and challenges during its operation, and the voice for reform has been increasingly louder and louder.Theory is a flag. "The judicial reform should be pushed forward toguarantee judicial organs to exercise judicial power and prosecutorial power dependently and justly according to judicial system", pointed out in Sixteenth Party Congresses Report addressed by Chairman Jiang Zemin. This is the guide for action and, therefore, provides unprecedented opportunities for the development of judicial reform. On the basis of learning from historical experience, we must focus on the future and set about realistically to search out modern objective model of judicial system with Chinese characteristics that tallies with national conditions of China and also can integrate with the world and to accord with the needs of ruling the country by law and establishing socialist institutionalized country.Along with the above-mentioned sequence of ideas, this paper discusses the modern objective model of judicial system in conformity with socialist institutionalized country in the following chapters.Chapter 1 Historical evolution of China's judicial systemThis chapter begins from the foundation of new China in 1949, affirms achievements and summarizes experiences and lessons by analyzing cultivation, generation and development of judicial system in different historical period, which lay the basis of historical material for further going deep into judicial reform.Chapter 2 Theoretical structure of judicial reformThis chapter emphasizes on elaborating theoretical theory concerned with judicial reform.Firstly, this chapter defines the nature of judicial power that causes much dispute in academic circle: what is judicial power and what is the essential attributes of justice. This is the questions that need answering in the firstplace when researching judicial reform.Secondly, this chapter analyzes value target system of judicial reform and celebrates the five basic principles essential for fulfilling value target of judicial reform and optimizing configuration of judicial resources.Finally, this chapter ends by the form of peroration to ponder macroscopically over the problems concerned with judicial reform, which lays theoretical basis for further research.Chapter 3 Profound consideration, establishment and innovation for current judicial systemThis chapter emphasizes...
Keywords/Search Tags:Judicial system, historical evolution, judicial reform
PDF Full Text Request
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