On Judiciary Of China: A Perspective Of The Logic Basis Of Constitution

As the constitution in modern country embodies a concentrated reflection of political status and political aspiration of personality in a specified society, and the judiciary of a nation is part of the constitutionalism, the judiciary reforms may not surmount the actual situation of constitutionalism either. So, how to understand the constitution and judiciary of a nation correctly is the first step to the reforming in the administration of justice. These are exactly the contents that this thesis should discuss especially. Regarding the logic of constitution, there is a logical starting point in any constitution. This is a theoretical perspective of the research into constitution or constitutional issues. So, this thesis starts with the hypothesis of the basic concept or theory, and summarize the logical starting point of Chinese constitution adopting the historical and comparative analysis instrument. Then, it is disclosed that the political theory on people sovereignty is exactly the logical starting point of the Chinese constitution. Moreover, combining the different understanding of civil rights and liberties in modern times, the thesis probe into analyzing the profound intension of this political theory especially. It offers a kind of theoretical basis for further understanding all the problems of Chinese judiciary. This thesis states that People's Congress system embodies a concentrated reflection of the political theory on people sovereignty in Chinese constitutionalism. Under the frame of this regime, the structure and status of judiciary, the relationship of judicial office and party in power, the function of administration of justice, etc., all demonstrate unique characteristics. The analytical instrument adopted in this thesis is the logic basis of constitution for understanding the judiciary of China thoroughly, which is absolutely necessary before setting off the reform in Chinese administration of justice. Finally, in my opinion, it should get back to the construction of political civilization and investigation or analysis of native culture to answering the legitimacy of Chinese judiciary and the feasibility of reforming measures. The constitutionalism of a nation must be the logical movement of constitution in the country, and the actual institution is usually even more important than the clause of the constitution in the implementing course.