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Research On The Credibility Of The Supreme People's Court

Posted on:2012-10-28Degree:MasterType:Thesis
Country:ChinaCandidate:G Y YangFull Text:PDF
GTID:2166330335463314Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Supreme People's Court is an important national institution, which participate in China's political life and get the overall leadership of the administrative and judicial system. However, the Supreme Court's credibility is not at a relatively high position, which is expressed by the rate of National People's Congress examined and approved the work report of Supreme People's Court and the situation of the credibility in judicial system which is lead by Supreme People's Court.In the reasons for the low credibility, independence, status, professional and judicial reform, is the four elements which occupy important positions. They set the priorities for the specific analysis. Around these four factors, analysis includes two specific dimensions, first by analyzing the history of development to look for the origin of the Supreme People's credibility problem. Historically, China's highest judicial body is divided into four stages, namely, the period of the Supreme Court of the Chinese Soviet Republic, the period of the High Court in Ningxia Border Region during Sino-Japanese War, the period of the highest judicial body in liberated areas during the Liberation War and of the new period of China's Supreme People's Court after the establishment of China. the relevant issues are showed by analyzing the Court's historical events and the organizational structure. Second, the structure of today's Supreme People's Court and the related issues, reveals the reality that lacking of credibility. There are four main reasons, which are lacking of independence seriously, status is still in the edge, a serious shortage of professional and lost in judicial reform.In addition to China's Supreme People's longitudinal study, the comparison to highest judicial body with the other countries can not only reflects the problem from the other side but also provide better solutions for further reference. House of Lords, Britain's highest judicial body of the political system in the constitutional monarchy, is working with more symbolic and the strict division from political. It take strict control to itself by setting severe restrictions in institutional and functional aspects to ensure its more pure justice and rigor; U.S. Supreme Court, which is in the separation of powers of the national political structure, is gradually obtain a stable position in the situation of separation of powers by accessing the power of constitutional review and active in politics; Contrastly, China's Supreme People's Court reflect a more "compromise" way in the aspects of nature, structure of organization, judicial body positioning and related functions, etc. The means in the United States and Britain is a proper frame for comparative analysis.on the basis of detailed analysis in the problem of credibility in the Supreme People's Court, it can provide a number of measures including taking the initiative, finding a suitable starting point, strict self-control, the tireless efforts of independence and strategies of judicial reform, to effectively improve its judicial credibility from different angles.
Keywords/Search Tags:Supreme People's Court, Justice, Credibility, Shortage, Solutions
PDF Full Text Request
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