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The Process Of The Court System In China-Comparative Analysis Of Three "five-Year Program For The Reform"issued By The Supreme Pepole's Court

Posted on:2011-08-01Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhaoFull Text:PDF
GTID:2166330332464397Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The court reform is a major issue in the judicial reform. It means an innovative development and also a serious challenge, not only for its importance in the judicial system, but also because it directly affects the people's social life. Whether the court reform is good or bad, the operating mechanism is pros or cons, it is the key to achieve the justice. So the court reform is an issue that we must pay attention to. Recalling the history of the court system in China, you can see that there have no independent court and its related system in the modern sense.However,it was forced to introduce the court system under the pressure from Western imperialist powers.This passive state is not consistent with Chinese situation, not conducive to achieve the rule of law. Therefore, the transition from passive introduction to active reform, from pursuit of Westernization simply to make the court system to be localization, in the process of reform,are both progressive. But it is a complex and difficult project on how to grasp the scale of reform, progress, reform objectives, the content of reform, etc.,in this reform process. It requires a argument theoretical with the full verification in reality. If we can figure out these problems, then we can make the rule of law, judicial impartiality, judicial independence and so on to be come ture, protect people's rights, also promote our country, social stability and harmonious development, and bring long-term stability for our prosperity. The paper starts from the process of the court system in China, describes the development process, as well as the different characteristics of reform in different periods of the development process. Then the paper pay attenion to analyze three "five-year program for the reform" which is issued by the Supreme People's Court. The paper talks about the different between the court reform which take the issue "five-year program for the reform" by the Supreme Court as an opportunity and the judicial reform before, and highlights the advancement of the changes. Besides, the paper also compare three "five-year program for the reform" to find out the links and the differences. In this way, the paper discusses the reasonable changes of a series of institutional reforms. Finally, it discusses the development direction of the court reform, and makes a little hope and suggestion to improve the future of the People's Court.
Keywords/Search Tags:the court reform, five-year program for the reform, independence of the court, the dominant power in the court reform, localization
PDF Full Text Request
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