Research On Judicial Power Of Supervision And Restriction Of China (Volume 2)

Since the emergence of state and government in human society, restriction and supervision of power is always the goal of epictetus explore continuously.The necessity of this most classic than Montesquieu described"All those who have power are easier to abuse of power, this is an eternal experience"in the《Spirit of the Laws》. Visibly, it is the basic rules of public power operation in democracy country that power must be supervised.Inevitably unregulated power leads to corruption.Since the judicial power belongs to the scope of state power,it is the the proper meaning that the power of judicial should be placed into the national system of monitoring and restricting.At present, our country's corruption is got worse and the judicial power is short of necessary and reasonable supervision and restriction.Mainly, the CCP and government's power is too outspread to interfer judicial power operation improperly. NPC supervision system is too insufficient to undertake the burden of restriction and supervision of judicial power.China's civil society is not fully formed, The state protects private rights inadequately, Private rights can not form an effective power of supervision and restriction.The concept of"procedure justice"is not popular.The legal procedures to being formulated is incapable of forming an effective constraint on judicial power.Lack of information law leads to the media supervision inadequately.Legal professional group did not fully formed.Professional quality of judicial officials are not high.Judicial ethics locate at low level.These factors lead to not ensure the standardized operation of judicial power by the way of self-regulatory.To guarantee the effectiveness and science of restrictionand supervision of judicial power,this article from five important part includeing the power of supervision and restriction, rights of supervision and constraints,the program of supervision and constraints, the news media supervision and constraints,professional ethics system of supervision and restriction in the investigation of certain existing models of supervision and restriction operating state examines existing model operation of restriction and supervision ,analys the specific reasons for problems and through researching on comparative law in order to construct a complete, reasonable and efficient judicial power of supervision and restriction patterns.This paper is divided into three chapters on the content. The first chapter reviews the origin of modern judicial in china,comments concept and characteristics of china's judicial, clarifies the relationship of judicial independence and judicial supervision.In the second chapter,the author focus on power of the restriction and supervision, the right of the restriction and supervision,program of the restriction and supervision, media news of the restriction and supervision, professional ethics of the restriction and supervision and analyses the problems in the existing mode of judicial power restriction and supervision. The third chapter proposed the improving scheme from the power of the restriction and supervision,the right of the restriction and supervision,program of the restriction and supervision, media news of the restriction and supervision, professional ethics of the restriction and supervision.