The Modalities Of Non-action Factors Interposing The Judicature And The Corrections

In 15th National Party Congress, our Party established theory of ruling the country by law as the basic tactics in governing our country, which has brought profound effects in the area of judicature. As an important system protection of the tactics ruling the country by law , how to realize the constitutional principle of judicative organs exercising judicative power independently according to law , has been a hot issue attracting extensive attention from both insiders and scholars , especially on condition that the basis of rule of law is still very weak in our country , the further study on how to exercise judicative power rationally, and at the same time , preclude various incorrect interposition lawfully , and establish the new judicial system meeting modem logos of rule of law, has its important practical significance and far-reaching instructive significance .The author has been engaged in judicial practice for almost 20 years , so has deep feelings of the problems confronted with when the court and judges exercise their judicative power . The author ,with the settlement of specific cases as a start , from the angle of judicature procedures , intends to analyze systematically the non-action factors which do not appear in proper procedures of trials but affect the judgement, points out its impact to judicial system , and by analyzing the causes of these non-action factors , bring forward to related correction methods . The thesis does not discuss judicial actions in common sense , but set the scope of study in the process of judgement of the lawsuit ,that is the process of procedure. Therefore ,the hypothesis and jurisprudential basis of the negative evaluation which the article hold on the non-action factors interposing the judicature is that, in common sense , the judicial independence is relative , there should be some restrictions placed on judicial actions , while in the angle of the settlement of specific cases , the restrictions on judicial power , from whichever power organs, in whatever forms , should not interfere the judgement of the cases directly .This article altogether has 36,000 words , and besides the introduction and conclusion, it contains four chapters .Chapter 1 analyzes systematically the phenomena of non-action factors interposing the judicature. From 4 aspects , that is subjects ,modes ,areas , motives of interposing , analyzes how non-action factors interpose judicature , and then points out one by one the forms of performances and process which the various modalities affect the judgement of the cases,Chapter 2 analyzes the impact on judicial system which the interposition of non-action factors have . That non-action factors interposing the process of judgement, brings damage to the public proper procedure, shakes the basis offairness of judicial, for the justice of process is the key element for which the judicial power is reliable and well accepted by people ,The author also believes that, non-action factors interposing the settlement of cases , actually infringes the judges' free judicative power., causes the division of the power and results in the separation of subjects of rights and subjects of responsibilities .Chapter 3 analyzes the causes of various non-action factors interposing judicature .The negative impact of Chinese traditional culture is attributed to the deeply rooted concept which make much of rule of person but little of rule of law , much of responsibility but little of rights , much of privilege but little of equality , much of entity but little of process, much of ethics but little of law , this is just the historical root of non-action factors interposing judicature .While the establishment of the court is local-type and executive-type as well as the judges' far from professionalism cause the judges to face strong external forces when judging trials , which is the systematic cause of non-action factors interposing judicature..Chapter 4 introduces some ideas on the correction to this phenomenon . We first should harmonize the relationship between the j...