Research On Judicial Power Of Supervision And Restriction Of China (Volume 1)

Supervision and restriction of power must be pursued in any of a functioning democracy as the basic rules of state power. Free from the power of supervision and restriction will inevitably lead to corruption. Judicial power is vested with the power of attributes, so the judiciary must also be subject to supervision and constraints. Only the judicial power placed in an effective mechanism, the operation can be normal and reasonable. They are not the master and the exercise of judicial power abuse of power. Absolute power corrupts absolutely inevitable. Therefore, the need for judicial power is in the supervision and restriction. Any power not subject to supervision and constraints will certainly lead to abuse of judicial tyranny and corruption. Historical experience is worth noting that, although we made some judicial reform achievements, but because of the judicial power of supervision and restriction, weakness, judicial corruption cannot be effectively curbed. Because of the judicial power of supervision and restriction ineffective, judicial corruption will be so rampantly, and the phenomenon of abuse of judicial power will only be used by those in power as the high-sounding. In short, the supervision and restriction of judicial power is imperative. The more the development of more modern society, the rule of law requires more intense. And how to more effectively monitor and restrict judicial power, particularly in China currently in a transitional period, so how the judicial power a fair and just run, to reduce corruption and to curb corruption in the end, will require us to new perspective, more depth to study how to monitor and restrict judicial power.The first chapter describes the judicial power of supervision and restriction of the relevant theory. First of all, with Chinese national conditions and legal practice and the need to study this subject,the author defines judicial power as "the three powers", which are jurisdiction power, prosecutorial power and investigating power. And the author analyzes the attributes of judicial power ; Secondly, through the analysis of the judicial power of supervision and restriction on the content and consequences of inadequate supervision and restriction, the author points out that the judicial power must be in supervision and restriction ; Finally, the theoretical foundation of the judicial power in supervision and restriction and the advanced experience of foreign countries were compiled and summarized ,which provides a theoretical guidance to the right of judicial supervision and controlling mechanism of the reform and improvement. In the second chapter the current situation and existing problems of the judicial power in supervision and restriction are analyzed. In China judicial corruption is be getting worse, because the judicial power is lack of reasonable and effective supervision and restriction. Currently the party and government power is of expansion; NPC supervision system is a mere formality; Still cannot form their own private right an effective supervision and restriction of power ; The concept that is " Procedural justice " is not so popular ; Legal development is crude, which cannot form an effective constraint on judicial power; The press law lags behind the development. And media based on inadequate supervision; Justice is not fully formed professional groups and judicial officials whose professionalism is not high and not by the way of self-regulation to ensure proper operation of judicial power. In the third chapter, the author boldly proposed construction that is "the five characteristics of the judicial power of supervision and restriction system" in order to ensure judicial supervision and restriction of science and effectiveness, which are system in power supervision and restriction, system in rights of supervision and restriction, system in procedures supervision and constrained, system in public opinion and system in the moral supervision and restriction. In the five systems of supervision and restriction, the judicial power will be subjected to be in a comprehensive, reasonable, efficient, scientific monitoring and restricting, and the judicial power will be in an open, fair and impartial operation in order to achieve justice.