The Study In Modern Political Function Of Judicature

The modern judicature as the crucial part of the state power structure already made the remarkable progress in the aspects of exerting political function, besides solving disputes. The situation that modern judicature exerting the political function is able to examine the level of the rule of law and degree of the political civilization in a nation.In the fist chapter, I will give the elaboration on why I choose this subject.In the second chapter, it mainly refers to some concepts, such as arguments of the judicature, implication of the political function. And taking the vicissitude of the contemporary China society as the objective points, taking the theory of modernization as a foundation, giving the omni-directional explanation to the judicial political function. I will point out, because of the character of the judicature as well as along with further development of democratic politics in our nation; exerting judicial political function will be possible and necessary.In the third chapter, according to the concept of the political function, we may divide it into the direct function and the extensible function. The direct function is regarding to maintain or influence the status of the reign, such as controlling the society, restricting administrative power, constituting public policy. The extensible function is operated indirectly for realizing some basic values in politics, such as molding the political culture, promoting democracy, realizing constitutional government. In this article, I will make the comprehensive elaboration on six political functions under two kind of classified methods and these functions on realistic condition and their relationship, combining the political system and the judicial operation of several modern west countries.In the fourth chapter, we will discuss how the modern judicial political function can come true, and advance four restrictions on exerting the judicial political function. Firstly, independent judicial system, secondly, strong judicial authority, thirdly, professional and outstanding judicial person, fourthly, democratic political culture. Only four above factors is possess, the modern judicial political function cannot only be the mirage, actually may be carried out well.In the final chapter, I will make a brief review to the judicature system of formation and the development in our nation, analyze the significance and the characteristic, as well as the reason of how the judicial instrumental ism idea forming. I will explain why exerted the judicial political function as the key point of judicial system reform, and combine the realization mechanism of modern judicial political function, contrasted to the insufficiency of judicature structure, puts forward the corresponding countermeasure proposal for our national judicature system reform and the political development.