One Of The Studies Of Law Enforcement By Courts

With the development of market economy, the law enforcement by courts is becoming more and more significant. Through judicial activities, the courts can punish criminals, resolve social disputes, and effectively uphold the socialist legal system and social order, protect state-owned, collectively owned property and the legitimate property owned by individuals, ensure the personal and the democratic rights of citizens and the other rights, guarantee the smooth progress of socialist construction. However, due to the negative impact of traditional legal culture and other factors, there are still many problems in the courts'law enforcement, one of which is the courts plays a weak role in independent adjudication, individual judges, lawyers and administrative officials work hand in glove to corrupt, decay and judge illegally, the situation is seriously harmful, it affects people's faith in the legal authority and obstructs the rule of law. This is necessary to do in-depth study, focus on analysis of traditional law culture to the impact of today's courts enforcement, find the serious consequences and propose corrective measures. Then draw lessons from the advanced law civilization. At the same time, it is necessary to further clean up the negative impact of traditional legal culture, and explore inherited valuable resources in the traditional culture. We can achieve the creative transformation of traditional legal culture.This article includes four parts:The first part is the introduction of this article. This part reviewed the current situation of related issues at home and abroad, summarized the basic content of papers, research ideas, research methods and innovations. Comparing with the western law enforcement system, there is still a big gap between china's courts'law enforcement and people's expectations. One of the reasons is not thinking the cases'phenomenon within the context of traditional law culture. The courts law enforcement reform should give expression to the Chinese legal culture and judicial development of the inherent logic, based on local practice, to overcome the limitations of traditional litigation culture, make the national laws and cultural traditions of creative transformation as the key to achieve a just law enforcement.The second part is an overview of Chinese and Western law enforcement tradition and the differences between them. Then I analyzed mainstream and reflection between Chinese and Western. By comparison, found the similarities and differences between them. Then it foreshadowed subsequent parts. Emphasize that there are not only ethnic differences between Chinese and Western legal culture tradition, but also the differences between past and present. And adjusting the market economy instead of the appropriate small-scale peasant self-sufficiency, the traditional Chinese legal culture must also have a creative modern transformation.The third part is the traditional law culture's impact on law enforcement of courts. By dealing with Chongqing triads cases, we can analyze the reasons for denial of judges and point out the traditional legal culture is still deeply influence people's behavior. In the meanwhile, from the perspective of law enforcement court that "Trial of criminal cases, civil and administrative cases, and through judicial activities, to punish all criminals, to resolve civil disputes, in order to uphold the socialist legal system and social order, protect public property owned by the state, collective property owned by the working people and the legitimate property owned by individuals, ensure the personal and the democratic rights of citizens and the other rights, guarantee the smooth progress of socialist revolution and construction. " Make a detailed analysis, stress that we should have a comprehensive understanding of impact of traditional law culture on courts law enforcement.The fourth part, in order to overcome the negative effects of tradition law culture, we offered some corresponding recommendations to improve courts'law enforcement. Firstly, I analyzed the problems faced by courts'law enforcement, and the resulting need to improve law enforcement of the court, pointed out that positive significance to the creative transformation of traditional legal culture. Finally, made some suggestions to the reconstruction of the courts of law enforcement culture .