System Construction For Justice Authority

Justness, high efficiency and authority should be taken into consideration of constructing a legal state. It has been common sense that the degree and the Justice Authority itself has become a symbol of its power or weakness of the monocracy culture in one country, which also builds the spirit base and power support in modern monocracy. Equality and justness are not only the core values of politic and law but also the everlasting goal of justice. Our country is on the way of deepening the reform, the adjustment must take some changes of the social situations. With the advance of the theories of"manage state affairs according to law; run state affairs according to law"and"construct the socialism legal state", more fields and levels are taken into the adjustment of law, people's consciousness on rights and monocracy is getting stronger and the social equality and justness are more strongly wanted than it was before.In our country justice authority plays a role of practical guidance on construction of democracy, judicial independence, just jurisdiction and belief in law but it has not really come into being. Although there are many factors influencing the authority of justice but the root reason is the incomplete system. Therefore, there is urgently necessary to take a deep study on the system construction for justice authority no matter on theory or in practice.This thesis cut in the study taking the court trial work in our country as an example and try to set up the following proposition that justice authority is the precondition of the useful run of jurisdiction, and system is an issue with essentiality, oneness, steadiness thus the justice authority construction should be started with the system level and it is also the only way to set up justice authority and construct our socialism legal state. System, mechanism and procedure are the three most important factors in constructing justice authority. System is the issue of setting of judicatory system and the scheme of jurisdiction in the state power, mechanism is the issue of the run of judicatory system and jurisdiction themselves; and procedure is the issue the core ordaining point of the justly and efficiently run of jurisdiction. The inner logic between they three is :system is the outer system insurance; mechanism is the inner system insurance and procedure is the justness insurance of justice authority.The whole thesis concludes six parts.Part one is the introduction of whole thesis. Now there is a deep and vast reform in our society. People are getting new recognition on justice authority and the reform on jurisdiction aiming at constructing justice authority is one of the most important topics of the time. As one important topic of jurisprudence, justice authority concerns about the public trust on justice, the independence of jurisdiction and the concerned system, the justness and high efficiency of the enforcement of trials. Therefore, to set up the justice authority .We must follow the basic spirits of"manage state affairs according to law; run state affairs according to law"and"construct the socialism legal state", and take the characters of social stage into considerations.The text concludes five chapters.Chapter One takes the court trial work as an example and points out the importance and emergence of set up justice authority According to the author, justice has not strong authority and it is an urgent task to set up it. There are many disturbing factors whose common reason is the incomplete system. Therefore in the course of construction justice authority, the system has to innovated and completed and the rational levels of system should be taken into consideration. The three levels including system, mechanism and procedure must be taken into consideration in the construction among which system should be put in the place of number one since it will determine the power source and power limit.Chapter Two makes a series of introduction on the theory of justice authority, points out jurisdiction and justice authority are two concepts with differences and connections, explains the acceptation and basic standards for justice authority. The root difference is pointed out between the justice authority in checks and balance system and the realistic system in our country, according which we can conclude that justice authority is different from that in Western countries since it has own special characters. And it also introduces the characters and value pursuit of justice authority in order to explain what justice authority is and why we should set up justice authority.The third, fourth and fifth chapter mainly discuss the ways to set up justice authority including outer system insurance that is jurisdiction system, the inner insurance that is mechanism and its justness insurance that is procedure.Chapter Three develops the outer system insurance that is jurisdiction system insurance. The whole analysis stands on the height of politic system, clear the borders of legislation, jurisdiction, execution, legal supervision and the leadership of our Party. And it is clearly pointed out that construction of justice authority should be started as a change of theory instead of a technical supplement. The basic requirements are set, that is jurisdiction independence mainly includes the independence of trial work and judge, and taking trial independently is the precondition of justice authority and meanwhile we should be aware of the theory paradox of jurisdiction independence.And justice authority is the embodiment of the authority of our Party and state and Party's leadership is the power source of setting up justice authority and to strengthen Party'leadership is the only to our goal. On the supervision of NPC, we should realize its necessity and authority but on the other hand we have to see the supervision now does not really play its role so the ways of supervising should be changed . In the analysis on the relationship between executive power and jurisdiction, author points out that it is really exist that jurisdiction is disturbed by the executive power and jurisdiction independence should be guaranteed on human resource, finance and equipment and other factors.In this chapter, it also discusses the public persecution that lead to a conclusion that it is one essential factor which can strengthen justice authority. There should be a work system that can make public persecution power and trail work can pin each other to prevent unreasonable disturbance from public persecution.Judicial review is mentioned in this chapter. A special judicial review system with Chinese characters should be set up and be granted to Supreme People's Court according to constitution, which can also be a good way to strengthen justice authority. To prevent the peremptoriness of jurisdiction, supervision of the court and the public media should play their work carefully. Public media supervision is a double-edged sword so we need rational voice instead of the voice from executive power. A harmony supervision is the ideal way.Chapter four is mainly concentrated on the mechanism insurance for justice authority. In this chapter, the author talks about the work mechanism of trial group, transaction mechanism of trial group insurance mechanism of court and judge, and supervision mechanism for trial. According to this chapter, we can see the jurisdiction system and jurisdiction mechanism are two concept .Jurisdiction mechanism is about the problem of the inner run of jurisdiction which is analyzed on point of linguistics. In this chapter, author stresses the importance of jury system and offers the ways to improve this policy. The social insurance mechanism for trial independence and career insurance mechanism are also can be found in this chapter. To prevent the peremptoriness trend of jurisdiction, this chapter also makes a discussion on the relationship between legal supervision and justice authority. Needless to say, legal supervision helps the construction of justice authority.Chapter five is mainly concentrated on the procedure insurance, which discusses the relationship between legal procedure and justice authority and points out procedure is the inner requirement for justice authority. Complete procedure insurance includes legal procedure, principle of equality for principal parts, principle of monocracy for procedure, and principle of ration. All the timely requirements and inner requirements are analyzed in this chapter.The last part is conclusion. Nowadays, legal reform is being taken in the countries no matter what kind of politic system they have. Different countries take the reform with their own destinations. In the process of constructing justice authority, the characters of our nation should be taken into consideration carefully. On the other side, we have to set the power limit of justice authority otherwise it will go to another polar.