Detection Of Chinese Jurisdiction

In any nation judicial power is all not multi-purpose, and all has its inherent boundary and scope. On the one hand the boundary and the scope are restrained by inherent attribute of the judicial power, on the other hand they are restrained by the cultural tradition and the constitutional governmental structure of some specific nation. Therefore when researching trial power, we should analyze it from encompassing constitutional governmental structure and the political system of a specific country, unifying its unique cultural tradition, then it has the possibility to definite the sphere of judicial power of this country scientifically.This article begins from inspecting history of the judicial power and reveal that formation our country's modern judicial power has its unique political and cultural context, on the one hand it comes from the political system togethering the judicature with the administration in several millenniums in our country; On the other hand it is the choice that latter Qing dynasty government in national eddy current in peril can not but make in order to retrieve grave ruling crisis day by day: Through imitates the West to establish the modern mechanical system about judicial power taking trial independence as the principle.Presently, as the reform of trial practice goes on in our country, we have already touched the basic question of the judicial power. People realize the judicial power can not only give the final relief to a person that suffered the illegal violation, but also give the effective judicial examination to the state power with the expansionary force, and prevent it from encroaching the citizen individual right willfully. But from another angle, because of influence of the inside and outside factor, the judicial power also becomes the tool of encroaching the rights of citizens extremely easily, the illegal judicature, illegally exercising the judicial power in the present stage is the problem that can not be allowed to neglect. We must use power restraint power to prevent the abuse of power. In this foundation, the author has carried on the analysis of boundaries between the judicial power and the right of suit, the legislative power, the executive power and the examination power.When concerning to the judicial power'standard, emphasizing independence of the trial is still necessity for safeguarding fair judicature. The constitutional governmental construction not only requests to establish the independent trial mechanism, but also establish the mechanism of open trial. Trial independence does not repel the outside supervision. In order to guarantee the judicial power is exercised legally and independently and prevent the judicial power from being abused, we need establish one set of effective restriction system, thus guarantee legality, authority, validity and fairness of judicial power's exercise.Judicial resources'limitation and characteristics of certain conflict itself, as well as the ability of citizens to burden the lawsuit cost request to adopt the multi-dimensional relief way of the right relief. This article finally proposes establishing diverse procedural mechanism to meet need of the relief of rights of citizens, and forms the benign interaction between various procedures, and is also one of countermeasures solving many problems in current judicial power of our country.