The Problem Of Regional Protectionism Of Judicature In China And The Study Of Its Strategies

Regional protectionism in judicature is an issue which has been discussed for a long time and is still not solved appropriately. In the past, scholars analysed the reason of this matter and put forward the methods to solve this problem from different points of view. This thesis is a systematically comprehensive analysis for regional protectionism in judicature and advance the countermeasures according to the respect for the research achievements of predecessors.This thesis takes a case that reflects the phenomenon of regional protection in judicature as the lead-in. The principal logical relationship in the text lies as followings: regional protection in judicature is one aspect of the phenomenon of regional protection, while"the phenomenon of regional protection in judicature"is a different notion with"regional protectionism in judicature". The phenomenon of regional protection in judicature is not absolutely bad phenomenon. With the limitation of the legal permission, protecting the regional legitimate rights and interests through judicial method is permissive. Also, the fact that judicature is influenced by the region is inevitable in reality. But it should be forbidden if regional protectionism in judicature regards regional interests as the criterion of judicial work. What we should do is to advance the countermeasures and eradicate regional protectionism in judicature with all our might.The main body of this thesis can be divided into four parts:Chapter One first explains the definition, the origins of regional protectionism and its means to behave. Besides, regional protectionism in judicature is an essential aspect of regional protectionism. From the interpretation of our national constitution, we understand that jurisdiction has national character, the core of regional protectionism in judicature is interests. At present, regional protectionism in judicature in our country concentrates on economic interests. In the judicial process of accreditation, trial and execution, regional protectionism in judicature has different behaviour.Chapter Two is a completely rational analysis of regional protectionism in judicature. First is to make the relationship between regional protectionism in judicature and judicial independence clear. In this thesis, judicial dependency is the key reason for the emergence of regional protectionism in judicature. Then, the text distinguishes "the phenomenon of regional protection in judicature" from "regional protectionism in judicature", changing judicial protection for the region into doctrine is the phenomenon we should forbid. Also, it analyses the necessity of the existence of regional protectionism in judicature, judicature has the nature of politics and service, even in American which has a high level of judicial independency, the existence that the judicature is influenced by regional factor is still inevitable. Judicature has inevitable nature of region in the application. In the end, the text analyses the necessity of eradicating regional protectionism in judicature, which means the harm of regional protectionism in judicature.Chapter Three states the causes of the generating of the phenomenon of regional protection in judicature. The most essential factor is the regulation, that is the judicial dependency, and it reflects in the corresponding divisions between court of justice and executive branch, the pressure of economic development and the situations that the finance of the court is restrained by the regional finance, the personnel appointment and removal are influenced by regional factor. In our national history, it exists various patterns of regional protection, the tradition that executive branch is closely connected with judicial branch influences the concept that executive branch exceeds judicial branch. Moreover, our country is a "nepotist society", the thought that values more on the entity than the procedure is deep-rooted. At last, the factors like the poor quality of judge and non-standard legislation are also the representation of the imperfection of skills.Chapter Four gives some strategies to break regional protectionism in judicature away. In the first place, we should deal with several internal relationship, reform the situation that the division of regional judicial area is correspondent with that of regional executive area, improve the independency of judge and the function of judicial committee. Furthermore, we should well handle several pairs of relationship that is related to the court of justice: the first is the relationship between court of justice and people's congress, the second is the funding resources of reformed court, the third is to perfect the relationship between the leadership of the party and the work of the court of justice.Ultimately, this thesis not only puts forward the advice both from internal and external causes, but also advance some pertinent suggestions in different stages of regional protectionism in judicature: in the stage of accreditation, we should strengthen the internal leader-member supervising relationship in the court of justice, improve the procedural legislative rules in the stage of legislation, endow the procurator authority with superintendence, encourage other ways to solve the dispute; In the stage of trial, we should regulate the public regime in the process of trial, the trial gist and the application of the law; In the process of execution, we should improve the executive regimentation, the inner settlement of executive tribunal, advocate .reconciliation with great exertion, dissolve the dispute and finally realize the harmony.