Jurisprudential Thinking On The Main Body Of China 's Judicial System Reform

The expression of “reform of the judicial system” was inherited fromthe Fifteen CPC National Congress, was appeared in official documents afterthe Sixteenth CPC National Congress. In the past decades, the reform of thejudicial system in China has been developed like a raging fire under theleadership of Central Judicial System Reform Leading Group. In the pastdecades, Chinese reform has acquired respectable achievements. However, ingeneral, reform process is still slow, it is difficult for reform achievements tomeet people’s expectation, and the public and scholars have veiled criticismsto reform effects. There are many reasons. However, the author think thatthere are existing problems in the subject for reform of the judicial system,which is an important reason, like the old saying “If the name is not correct,the words will not ring true; if the words don’t ring true, work will not beaccomplished”①, while the process of confirming the subject for reform ofthe judicial system is “rectification of name” of reform of Chinese judicialsystem. Therefore, solving of who will be the subject for reform of Chinesejudicial system and who has the right to decide progress of reform of Chinesejudicial system will determine progress of reform of Chinese judicial systemin a qualified sense. For such thinking, the author wrote the master’s thesis.Empirical approach and comparative study method, were referred in thewriting process of the master’s thesis. Contents of the thesis were developedaround a principal line, namely “basic theory of the subject for reform of thejudicial system； status quo of the subject for reform of Chinese judicialsystem；problems of the subject for reform of Chinese judicial system, andreasons for these problems； practices in western judicial reform process；perfection of subject for reform of Chinese judicial system”.As for reform of Chinese judicial system, it is difficult for the author, as only a beginner, make innovations when compared with predecessors, andthe author only wants to express his thinking on reform of Chinese judicialsystem, namely subject for reform of Chinese judicial system shall insist in“pan-subject mode”, rather than a single subject controls reform affairs ofChinese judicial system. However, reform of Chinese judicial system shall berealized under the leadership of Chinese Communist Party, through popularparticipation, organized by National People’s Congress, in virtue of practicesof political-legal organs and related organs, and by means of syntheticactions of the above-mentioned four subjects.