F High Court: The Transformation Of The Judicatory Operation And The State Governance

The topic of the research is "the judicatory operation through the transformation of the strategies and techniques of the state governance".The launch of the principle of the rule of law indicates the technical transformation of the state governance,especially in the legitamacy.But it is not comprehensive enough to describe the court system in the aspect of the inherent regulations and contemporary situation.Since the modern time,the pressure from westernization initiated the transformation from the empire to the modern nation-state and lead to the social reform under the construction of state power.The transformation of the state governance should be understood not only in the technical way but in the political way.The motive for the transformation comes from the consciousness of the state political body.It is the choice in common for newly-emerging class that the social problem is resolved and the state is constructed by the party.The political ideaology of the state comes from the decision of the party. Under this backgroud,the strategies of the state governance is determined by the political ideaology of the state.This article trys to describe the history of F high court to discuss the the judicatory operation in the transformation of the strategies and techniques of the state governance,which can help to grasp,resolve many difficulties and problems of the present judicatory construction. In China'nearly 100 years,the strategies and techniques of the state governance has experienced different phases:the declination of the centralized feudalistic empire,the onset of the national revolution,the development of the national construction for the different gaols and strategies,the recover of the principle rule by law and the social transformation of the new times.There are different judicial essence and form for the different strategies of state governance.This paper is divided into 5 parts:Firstly,the trial court of the late Qing Danasty ,at the peril time of the empire,the national government foundation "the imperial authority " is unshakable but the traditional way for governing can be changed.The legal transformation at that time is spured by the government crisis and adopted the western way,which is aimed at the judicial independence and professionalization.,which also speeded up the bankruptcy of the government.Secondly,the high court of the Mingguo period.The organization for the court has furthurly been developed from that of the Qing Dinasty .Each case can be reviewed at most three times at different levels of courts .It had been developed into the beaurocratic judicial system.The system of five separated powers made the judicial power independent from the legitamate power ,administrative power.At the same time ,the court system played an important role in techniques of state governance.Differently from the transformation of the Qing Dinasty ,the punishment and award system for the judges had come into being and played an important role.the high court gradually is separated from the provincial government,based on which the F high court manage all the inferior courts within its jurisdiction.The court system at that time transplant the western techniques .Administrative power always gives a large pressure on the judicial power.Thirdly,the high court of new China.the court system is made completely ideaological to strengthen the new government.The construction and development of the court are affected by the red basement and learned a lot from the history of the court in the red base. The court is the subsidiary of the government,the staffs of the court are granted by the party of the same level and delegated by the local government.The court system also has its new style.Later,during the Cultural revolution the court is paralyzed.From 1978,the court has recovered.Fourthly,In nowadays China,the great Communist Party put much efforts in the "rule of law".But the development of the high court is still threatened by the imbalance between the judicatory construction and social development,by the difficulties of the state governance.This dissertation trys to explicit the trial organization of the high court,,the problem lies in the democratic decision in the case,the direction of high court over its inferior courts,the relationship between the state and the government ,in order to disscuss the problem confronted by the judicatory construction to perfect the court system of China.Finally,The two pairs of categories of "the history and reality" and "the central state and local district"in the macroscopic diagram of the high court determine its exitence and its future.the historic directions of the high court is determined by the" transformation of the strategy and technique in the state governance".the position of the high court has an inevitable logic connection with the position itself in the state structure form.This dissertation puts forward a few concepts for the core function in the high court operation process:the dilution,the grade chain,the profession of judicature,the power control,the obeying general situation,the political quality,in order to grasp the essence of the operation of the high court.This dissertation trys to do research in the functions of these core factors by discussing the relationship between the judicatory operation and state governance.From the view of the actual situation of the high court and the tendancy toward rule of law those core factors are still postitive and constructive.The development of the high court depends on the progress of rule of law and the participaton of all social members.