On Construction And Perfection Of Adjudication Supervision System

Adjudication supervision scheme in this thesis means that related organs, units and individuals (as the subjects of supervision) use their powers or rights prescribed by constitutional and general legal instruments, to evaluate the judiciary actions and other actions closely related to judiciary actions which are done by the objects of supervision (courts, judges and other personnel), to examine whether the activities are legal and reasonable, then correct and settle the actions which violate laws or disciplines through certain procedures. Such activity is an important component of national legal system.Although for our country's adjudication supervision, the subjects are numerous, the foundations are various, and the methods are multiple, yet it seems to be rather diverse and powerless, thus are hard to form a composite force. Furthermore, these forces are restricted by many factors, so the effects of super/ision are directly influenced. This thesis analyzed and discussed the basic contents of supervision, inquired into the historical evolution of supervision, enumerated the modes of Chinese adjudication supervision, and advanced some suggestions for improvements.Part one of this thesis defined the meaning and range of adjudication supervision scheme, enumerated and analyzed its characteristics, structure and system, basic types, elements of relations, principles of supervision and theoretical foundations. The connotation of the concept is already explored in the preceding text; the extension of supervision in this thesis does not include the supervision on judicial activities by procuratorial organs and quasi-judicial activities such as investigation by the police organs. Here, the definition of supervision on judicial activities should be supervising the process of judicial judgments. At this time, the judges are the objects of supervision, has the relationship of the supervised and the supervising with the subjects of supervision. Such supervision includes which on judicial activities of the judges, and also which on the non-judicial activities such as the judges violate the disciplines. The characteristics of adjudication supervision scheme include: *the multiplicity of supervisory subjects, thesingleness of the objects and scope under supervision, the diversity of legal foundations, the wide-ranging of supervisory methods, the flexibility and tenacity of the results. The structure of adjudication supervision scheme means, that just like other social systematic engineering and natural systems, all the factors of judicial supervision arranges and combined in a certain way and formulates a regular and ordered system, realizes the macroscopic task and integral function of supervising judicial process. These factors are the rules and regulations of supervision, the principles of supervision, the conscious of supervision, the power of supervision, the method of supervision, the procedure of supervision, the facilities of supervision, and the environment of supervision. These factors are interrelated. As a structural system, the mechanism of adjudication supervision should abide by the following criteria: the unification of supervisory aims, the unification of mentality and perception, the unification of legal norms. The basic patterns of adjudication supervision scheme are inner supervision scheme and outer supervision scheme, state-run supervision system and society-run supervision system, in advance supervision, in process supervision and afterwards supervision. The basic principles of adjudication supervision scheme are the principle of rule of law, the principle of checks and balance, the principle of controlling corruption, the principle of democracy, the principle of appropriate supervision, the principle of laying equal stress on supervise and independence of judgment. In this part, the author also emphatically discussed the relationship between judicial independence and supervision, pointed out that judicial independence is a fundamental principle of judicial activities, that supervision should not undermine...