Justice Of The "local" And "centralized"

In the current calls for judicial reform, there is a view that the current judicial system has "localized" tendency. The so-called judicial "localized", is local protectionism in the judicial sphere, specific performance, it is of interest to the region, local government organizations, other agencies or individuals to interfere independence of the judiciary in handling cases, illegal in handling cases where the judiciary to undermine judicial independence , and judicial unity, the national judicial power conferred by illegitimate interests into place the tools to achieve the kind of social phenomena. Justice "localized" had many miscarriages of justice, undermine the judiciary and the executive power of supervision and constraint, and to make the administration of justice is only a "centralized" about the court system, human, financial, material and so the management of all centralized, can fundamentally solve the problem.This paper argues that the problem of unfair administration of justice by judicial corruption and low capacity of judges and other factors, the judiciary "localized" is just one of the incentives, the impact on justice is very limited, did not seriously impair the supervision of the executive power Therefore, the existing judicial system to subvert the type of reform, not the most cost-effective way. At the same time, even if the implementation of justice "central" and still can not eliminate the so-called local administrative rights to the development of local economy and maintaining social stability and interference with the judicial motives can not change the face of judicial social environment and social relations, the contrary, by reducing the local judicial supervision and regulation, but will also increase the risk of judicial corruption, miscarriage of justice has brought more problems. On the other hand, from the sociological point of view, the administration of justice "centralization" will further weaken the judiciary on the impact of rural grass-roots community, countries in the rural areas to offset the regime-building efforts. Moreover, in the "Central" of the process, the face of how to transform the assets of the District Court at all levels, increased implementation of more difficult cases, and so on.Experience from developed countries, their relations with the local judiciary more closely, but did not show our concern, for "localized" and led to the judicial shortcomings. This indicates the judiciary "localized" or "centralized" does not seem to affect the judicial quality and effect of the root causes, through specific change or improve the judicial system, can also achieve justice, fairness, enhance the judicial authority. To this end, the adoption of appropriate treatment to improve the judge promote public justice, improve the quality of administrative decision-making, strengthening the supervision of administrative acts countermeasures, the effective promotion of justice. At the same time, this proposed law research, in addition to the necessary "value judgments" and "cultural interpretation", the should be more of a "context of" The Road to carefully examine specific aspects of social life and find that the legal system The shape and constraint to avoid "express" with "practice" different. This article is a superficial attempt.