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Sole Judge Judicatory: The Reform Orientation Of Trial Organization In China

Posted on:2011-08-02Degree:MasterType:Thesis
Country:ChinaCandidate:X L BianFull Text:PDF
GTID:2166330332465653Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In the last twenty years , stupendous efforts are called for to further reform China's trial system , the core target of the reform is neglecting authority orientation and strengthening adversary system , it highlighted the mordern judicial notion of passive , nonaligned , just , efficient judicial activity . As people's legal sense has obviously enhanced and hope the judicicial system to guarantee fairness and justice , the contradictions are bocoming increasingly acute between underdeveloped judicial system and judicial requirement , courts are facing great difficulty . For the many years , serious research by the academia circles suggested that the trial organization in force nowadays has both advantages and disadvantages , the collegiate bench and sole judge judicatory which were included in it have both the feature that suit or not suit the development of the society and judicial requirement .This essay tries to observe the performance and reasons of the lack of protection of litigant's rights from the primal problems consisted in the judicial activity nowadays based on the protection of litigants'rights . The value goal of the judicial system in force is : ensuring judicial independence in justice practice to protect litigants'rights , pursuing judicial justice to ensure social equity and justice and guaranteeing judicial efficiency to ensure efficiency to every single litigant .In the judicial system in force nowadays , sole judge judicatory plays an important role in the judicial practice as its unique advantage : it strengthens the responsibility of judges to enforce laws impartially , urge judges to trial impartially , add protection of litigants's rights , save the judicial sources , and it is up to date in the world.
Keywords/Search Tags:litigant's right, trial organization, sole judge judicatory, reform
PDF Full Text Request
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