On Judicial Supervision System Of Our Country

After the idea of rule of law internalizes for universal recognition, the judicature in the structure of society has been deeply expected to solve many social problems. However, power itself inborn has the tendency to be abused. As one kind of power of refereeing social dispute and solving social contradict, the jurisdiction should be evaluated and supervised by the society according to the due process standard. This kind of evaluation or supervision cannot simply depend on human simple, primitive sense of justice standard, but must choose and determine the criterion of evaluating the judicial supervision through rational induction and generalization. It is institutional legal theory of the entire judicial supervision mechanism operation. But academic area in our country has not formed clear understanding of this theoretic problem and achieved the recognition on basic theory. Therefore, this article attempts to take the supervisory pattern as an angle of view, carries on the macroscopic theory overhead construction of the judicial supervision mechanism, studies on the legal theory that the idiographic judicial supervision system depended on.This article is divided into four parts:The first part is introductory remark, posing the theory problems and fundamental research goal. The author suggests, regarding the judicial supervision fundamental research, we must study the legal theory that the idiographic judicial supervision system depended on urgently. This article aims at not only generalizing theoretically the judicial supervision system from the positive judgment angle, and forming "the supervision pattern" as the analysis tool of fundamental research, but also combining it with certain value judgments, constructing one kind of rational supervisory pattern theoretically, thus establishing theory model and practical trend of judicial supervision system reform.