The Way To Non-executive System Of Chinese Judicial Legislation

The judicial administration of china has similar characters with the government administration, which is decided by the revolutionary history and replanting process of the 30's judicial system of Soviet Union. In the past, we thought the direct democracy of the people construct our country, including judicial power. Accoding to this theory, judical system has been legislated under the power of government. Nowadays our society has been greatly changed, maket economy leading to personal property and high-leveled personality interest demand, so the judical power has to play greater role in social life.As Karl Marx has said, Law is the only superior of the judge. In compassion with the economic reformation, the judicial reformation has special difficulties, such as we have to analyse the relationship of Chinese polical regulations and find out the breakthrough on judicial system. In the Constitution, the independent degree of the court has been defined, and the Supreme Court has leading the Judicial Reform for about 30 years. The judicial system can be the beginning of Chinese political regime refomation.The state of similar administration leading to disordered judicial power and pervading corruption phenomenon. So the reformation of judicial administration is basic work of the judicial reformation system.In order to find the reason of the nowadays's judicial administration, the dissertation will study the state by the history and the real processing.This dissertation has five chapters:Chapter One defines the "non-executive administration of the court system"and the real necessity of the society. There are three parts in this chapter. Firstly I explain the executive administration of the Chinese court system, providing that the theory foundation of now administration. Secondly, from different angles discuss the origins of court administration. In west countries on the basis of the check and balance theory, the court definitely separates from the executive department. Judges are the center of the court. the judicial independent principle is the premise of the administration of the court system. In Marx theory, judical power and administrative system has not formed systematic idea, but Marx has highly praized the self-governed judges protecting the people's rights. Thirdly, I discussed the social valueable need of the non-executive court administration.Chapter Two studys the history of the Chinese judicial administration system. In the ancient China, the local government officer had also been handling the cases.which decided in the notion and feeling of Chinese people, the judge has no deffernce with the officer. In the revolutionary peoriod, Chinese Communist Party has leading the judicial processing according the direct democracy, ignoring the independent diginity of the judges. After the PRC founded, the Soviet Unitarianism has been replanted in our country. To reform the judicial system, in recent 30 years, the reform focused on the concret procure methods.The structure of the state's powers still is restricting the judicial processing.Chapter Three introduces the other modern coutries experience on the court system. In this chapter we can find even the coutries have different political systems, but in the judicial system they have great concesus. On the basic of principle of judicial independence, the court strictly separated from the government, from other public powers, from the medium, from the society. The judges only subject to the law.Chapter Four aggregate the plan of reformation. Considering the Supereme Court has put forward three'Five years plan of the judicial reformation, I suggest the target of the Judicial Reform should focus on the judges professional protecting rules. The courts should take the judges been the center of the work, changing the governor of the court manager the judges.Chapter Five discuss the steps of the judicial administration reform. The bureautic administration of the judicial court is the result of the combination of legislative and executive powers,so the final solution of this problem depending on the regime reform has to continue for a long time. Next the problem is who leading the reform. I think because of the integrity of the political regime, the Judicial Reform shoule be lead by the Party and the National Peoples Congress and its standing committee.Then I suggest some special methods of the reform.