A Study On The Construction And Development Of China's AOJ Discipline

Necessary attention has never been paid both to the functioning of justice itself and systematic reseach thereoupon,and nor exisits in China a discipline such as"Discipline of Chinese Administration of Justice"(hereafter referred as"TCAOJ")to specifically study administation of justice.Luckily,judicial reform in China,which was initiated at the beginning of early 80's of last century and has experienced periods of reform of trial methods, of judgment system,of litigation system and at last of judicial system,not only leads Chinese judicial system on the way towards a modern one,but also attracts so many scholars to make deep exploration into it and results in an extremely large amount of research papers as well as works,and the research emphasis also gradually shifts from the inspiration of reform to reason of management.So an independent discipline such as DCAOJ,can and should be constructed and developed to summarize,use,communicate and innovate all knowledge resources of research results.Therefore,this dissertation just grasps the aforesaid chance to chooses the reseasch topic and provides a whole and systematic study on the problems of possibility,necessariness,discipline system and development strategy of DCAOJ.Cutting-in with the proposition that judicial reform is an innovation of administration of justice,the dissertation studies the main characteristics and function of judicial power.Then, by analyzing and refining the above-mentioned research results from disciplinary framework (including disciplinary subjects,environment and the main body of the discipline),it draws the conclusion at first that judicial reform and administation of justice may embraces each other well and DCAOJ is just a newly developed discipline arising in China' judicial reform and can well be constructed.Secondly,it completes the necessariness of the construction of the discipline from two large aspects,i.e.,from the elements of the discipline subjects(mainly including people studying,spreading and using the discipline knowledge)and the discipline environments(including international and domestic political background,way of economy development,governance model of the government,protection degree of human rights and/or litigation rights,etc);and from the inner logic of effective knowledge of the aforesaid research results as well.Thirdly;With regard to the problems of main body(or discipline system)of DCAOJ,such as its object,positioning,research methods,category system, essential theories,main research problems,and so on),which are realistic and ought to be clarified,the dissertation gives a comparatively detailed,complete and systematic proof expressed in six chapters.Based thereon,it studies the development strategy of the discipline from strategies of macroview,knowledge management,research,communication,human resources and etc.in the end,so as to promote the further development and consummation of the discipline and make it a matured one.Through the research of this dissertation,a series of theoretic results of innovative values have been acquired,mainly:the essential conception and whole proof of the disciplinary system of DCAOJ;deep and groundbreking research of non-taking of judicial power; sraightening-out of the relationship between judicial reform and administration of justice by the proposition that judicial reform is an innovation of administration of justice from the management innovation theory;statement and proof of development strategy of DCAOJ;and by such research results,foundations have primarily laid in the blank-filling of relevant discipline concerning administration of justice in China,in the communication between the value rationality of legal sciences and the instrumental rationality of manegement science,and in the enlargment of the application area of manegement science.