Research On The Judicatory With Administrative Characteristic

The judicatory with administrative characteristic is the problem that should be attached importance to highly at present in china. It makes the judicatory lose its own characters and functions. It led to the excessive expansion of executive power and weakened the judicial function in the course of justice. So, It is very dangerous. It is the largest obstacle that affects the judicial justice and holds up the process of the judicial modernization. The Constitution of our country clearly defined that :"The People's court of People's Republic of China is the Trial intrigue of the State", "The People's courts independently perform judicial power according to law and reject interfering of administration, mass organizations and individuals." In accordance with the existing Constitution, "One government, the court," the functions of independent, equal status. Accordingly, judicatory with administrative characteristic is reality runs counter to the spirit of the Constitution. The excessive expansion of a power is bound to a corresponding weakening of the normal operation of power. Therefore, it is the emphases to know the abuses, to dig up the reasons and to look after the rational countermeasures for the future.This paper consists of three parts: preface, body and conclusion. The first chapter is preface which introduces the motivation, objective, and the meaning of the theoretical and the realistic. The body is constituted of three chapters. In the first part, analysis the independence of the judicial power and the reality of the performance of the judicatory with administrative characteristic, aim is to stress the dangerous of judicatory with administrative characteristic. In the second part, probe the reason for our current judicial system of administration deeply, which carry out an analytical study focusing on the historical tradition of factors and the reality of the causes of this phenomenon. In the third part, it brings forward the way of conquering the judicatory with administrative characteristic. The concluding part has brought forward expectation and hope, thinking that the good judicial power looking forward to being applied under the request in fairness and independent, is human being's common wish and ideal.