Study On The Judicial Reparartion System In China

The system of judicial reparartion is a system that is used to ensure the client with practical difficulties can enjoys his legal rights through contentious procedure and to realize judicial justice. It is a systematic protection for the client's litigious right by the judicial office. Up to now, many countries have established standard judicial reparartion system on the consideration of "protecting human rights, and achieveing fairness and justice". Althoug our country's system of judicial reparartion is near to perfection after several admentamendments, there are still some weaknesses demanding supplimentation and rectification. Taking the basic theories of judicial reparartion system as a start, the present thesis trys to make a study on the current situation of judicial reparartion system in our country and then analyze its shortcomings and suggest ways of perfection. The thesis consists of six parts.In the introduction, the system of judicial reparartion is introduced and briefly discussed after an analysis of current situation, and the motivations and main ideas are presented.In the first part, the definition and value of the system of judicial reparartion are discussed. The writer firstly makes an inductive anaysis of the definitions of judicial reparartion system in our country, points out the problems existing, and provides ways of getting a new definition. Then, she studies the general applicability of such a system from the perspective acknowledged worldwide, taking into consideration its systematic characteristics and institutional notions.In the second part, the rising up of judicial reparartion system in our country is discussed. The writer trys to find out the reason why there was no system of judicial reparartion in the ancient society through an analysis of the social system, nature of legislation, people's status, and features of punishment. On the basis of this, the necessity of establishing judicial reparartion system in our country under such a socIn the third part the current situations and existant shortcomings are studied. The writer firstly presents the current situations of our country's system of judicial reparartion from two aspects—legislative aspect and practical aspect. On such a basis the shortcomings of present judicial reparartion system in our country is analyzed inductively, and necessity of further completion is pointed out.In the forth part, the suggestions of perfecting our country's judicial reparartion system are provided. Taking the reality of China and the analysis of current situations in previous part as a basis, the writer puts forward her suggestions for future reform and perfection, which are aimed at the solution of existant problems and the promotion ofthe development of our country's judicial reparartion system,In the final conclusion, the writer makes a summary of the whole thesis and points out the characteristics of her study. And the expectation of further study on problems unmentioned in the thesis is expressed.