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The Operation Mechanism Of The Independence Of The Judiciary

Posted on:2007-11-21Degree:DoctorType:Dissertation
Country:ChinaCandidate:R B T BuFull Text:PDF
GTID:1116360182491392Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The judicial independence is the result of the human political civilization which develops into certain stage; it embodies the development of the social labor's division in the field of power; it is a summary of the experience that needs the state power restricted, checked and balanced; and it is furthermore the landmark where people depend to clearly realize the structure of state power. Human social practice shows only the juice is independent is the national legal system authoritative, and is the society peaceful and steady, then can citizen rights and interests win protection, and can people have a last backing.The theories and early practices of judicial independence which stem from the West are accepted by all over the world gradually, and their influences are very far-reaching. At present, both the capitalist countries and the socialist states need to study the judicial independence conscientiously, then reconstruct and apply it while building and constructing the judicial system. The system of judicial independence in china called the system of the court trying independently is also constructed on the basis of criticizing the system of western judicial independence. However, because of historical reasons and cognitive limitations, the structure of the system is quite unreasonable. As it is known, with significant development of the market economy of china, the institutional drawbacks of the judicial independence are out suddenly, and are becoming the weak links in constructing the socialism civilization by rule of law. Therefore, this dissertation will plane to analyze the development of the concept, theory, practice of"judicial independence", and argue all kinds of the relations that should be carefully dealt with. Moreover, the judicial independence thought and rational kernel of the system will be employed to transfer the main problem that china possess in the judicial system now, and to build the judicial independence system of constructing the distinct Chinese characteristics. In conclusion this dissertation will be divided into following five chapters:In the Chapter one, some of summary of the judicial independence will be first referred. This chapter begins from the meaning of administration of justice, and it will touch upon some contents such as judicial power and their attributes etc., then the chapter further explains the contents, properties and basis of the judicial independence. In all, this chapter prepares to adopt the means of comprehensive analysis, and does research in administration of justice and judicial power from another angle, finally summarizes value and meaning of the judicial independence.In the Chapters two, the emergence and development of the judicial independence theory will be studied. This chapter has a comprehensive argument about the historical process of the judicial independence theory and constitutional practice. The author first addresses the historical process of the judicial independence theory, because the judicial independence theory has been developed basing on the...
Keywords/Search Tags:Administration of Justice, Judicial Power, Leading of the CPC, Court's Independence, Judge's Independence
PDF Full Text Request
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