Dilemma Faced By The Basic Courtand Related Countermeasure

In the report of the 16th CPC congress, it is firmly stated that socialist judicial system should safeguard the completion of social fairness and justice. This means the basic court can be regarded as the base on which people's judicial system in china forms, the premise of implementing the strategy of ruling by law, the frontier in realization of civilian's legal rights and interests, and as the cornerstone on which substantial social justice and fairness fullfill. It is safe to say that the basic court is the base on which Chinese court system forms, and the functional quality of the latter is directly decided by the functional reality of the former. So positive research on the basic court system in china is of both theoretical and practical importance. Based on investigation and review on functional situation of all the basic courts in a particular district, the author uncovers, in way of positive analysis ,certain common problems faced by courts in china , analyzes in perspective of legislation the realationship between judicial independence and establishment of court organatzation, and puts forward some related proposal for the problems listed in this thesis. The jurisprudence, legislative safeguard and functional situation of judicial independence are being fully discussed combined with the functional reality of Chinese courts. The author comes to a conclution that independence of jurisdiction, court and judge should be intrinsic elements of judicial indenpendendce. With reference to latest theoretical and practical results in judicial reform ,the author puts forward following allegation: reconstructing court organization in china with the aim of judicial independence; and legislative resetting the significance, function and organization ,Furthermore, the author contends that amendment and complement of actual constitutionm, court organization law ,judge law and related criminal , civil andadministrative law is necessary , only based on which can former contentions turn into reality. In addition, some practical suggestions also can be found in this thesis concerning the innovation of court system based on its character and fashion.