The Comparative Investigation On The General Regularity And Features Of Judicial Organization Set-up In China And Abroad

By the aid of judicial activities of judicial organ law comes to this world. Judicial organ is a constitutive essential factor with an initiative role and occupies an important status within judicial institution. In this paper,through comparative investigation,understanding general regular patterns and features of judicial organ set-up in various countries can find an entirely practicable way for the reformation of Chinese judicial organs. The set-up of judicial organ in China and abroad mainly present five regular patterns. The first is the principle that court is set up according to laws. The second is the court being independent principle. The third is the vertical structure of court behaves as judgement-level system. The fourth is the horizontal structure of court is characterized by area division. The fifth is the court set-up in various countries being a plurality system.Owing to the differences of political system, historical culture and economic development in various countries, the differences exist necessarily in set-ups of judicial organs in various countries, they would present their own specialties. One is the expression of court system: Division taking different standard, there are singleness system, double-track system and mixture system, single setup and multi-pole setup, standing court and mobile court. The other is judgment-level set-up in various countries present their own characters. The laws of multi-pole setup countries prescribe different judgement levels according to the characteristics of all kinds of cases. Singleness system country is suitable for the single judgement-level system. The third is the horizontal set-ups of court in various countries behave as three forms: setting up courts based on administrative divisions, based on judicial divisions and based on the mixture system of the combination of administrative division and judicial division. The fourth is setting up specific court. The fifth is the relation between court and procuratorial organ in various countries.The set-up problem of judicial organ is the facing problem necessarily in judicial organ set-up of various countries. The judicial organ set-up in China is basically adaptive to the conditions of our country, it plays an active role in building socialism, but exists something to be improved. This paper puts forth the fundamental thinking and conception for the judicial organ reformation in China.