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Path Analysis, To Enhance Judicial Authority

Posted on:2012-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y WangFull Text:PDF
GTID:2206330335458616Subject:Basic principles of Marxism
Abstract/Summary:PDF Full Text Request
Justice, efficient, authoritative judicatory system are the basic requirements for a state with adequate legal system. Along with our country to construct the socialist state governed by law, people's growing awareness in their rights, all levels of society need more judicial authority than ever before. But because of all kinds reasons, China's judicial authority has not really formed. Despite there are many factors caused the judicial being not authoritative, the neglect of judicial ceremony is a very important one. This article based on judicial practice, from the perspective of the trial court to confirm and attempts to demonstrate such a proposition: Proper judicial ceremony promote the judicial authority, and structure a proper judicial ceremony is a necessary path for our country to establish judicial authority.Under the context of China, different stake holders have different views on how to construct a proper judicial authority. This paper holds that to build proper judicial authority need to expand the theoretical basis of ritual studies, pay attention to the judicial ritual and religious ties, strengthening judicial ceremony of basic research. We should stick to the principles of seeking truth from facts, integrating theory with practice and proceeding from reality in all things, take into consideration of the legislation, supervision and sanctions. This paper points four parts, for a total of forty thousand words.The first part is the introduction. It focuses on the Chinese judicial reform as the background, investigated the reality of our country judicial authority performance, and stressed the importance of legitimacy judicial ceremony to ascending judicial authority from the national condition of our country.Main body is divided into three chapters.The first chapter is the overview of judicial ceremony basic categories. This chapter mainly discussed the basic concepts and main contents of justice ceremony,emphatically discusses the main contents of judicial ceremony, including props, the court rules, adornment language, the court layout, judicial judgment, and judicial ceremony content, etc.The second chapter mainly discussed the relations between judicial ceremony and judicial authority. The relations are mainly embodied in two aspects, the judicial ceremony promote or weakened the judicial authority. The text focused on discussing the justice ceremony on the ascension of judicial authority. Separtely from the judicial ritual and judicial authority agreeing, judicial ceremony for judicial authority concept support, judicial ceremony for judicial authority shall be discussed pan-asian function. For judicial ritual free-willing of judicial authority, the text discussed from two aspects. the judicial authority being undermined by the the absence or abuse of the judicial ceremony.The third part is the study of the path to construct the justice ceremony to promote harmonious judicial authority construction. Based on the observe and study the judicial ceremony evolution of China and the Western. pointed out the current judicial ritual studies on the deficiencies and the issues that need to be resolved. The text also put forward the path of constructing the justice ceremony, such as the construction of the justice ceremony from legislation, the main routes supervision and sanction etc.The final part is the conclusion of the full text. Epilogue is not equal to the conclusion. In this section the author pointed out that the urgency of constructing the justice ceremony. The author believed that along with people pay more attention to the construction of the conditions, constructing the justice ceremony to promote harmonious judicial authority construction must be realized.The innovation of this paper based on new perspective with new methods through constructing the justice ceremony to promote judicial authority construction. The deficiency of this paper is in the following respects:the anthropology research methods are not deep enough to use, the judicial ceremony content is not thorough inquiry, the relations between the judicial ceremony and judicial authority is insufficiently thorough explanation, and the construction of the justice ritual path analysis is not enough. These are the author's striving direction in the future.
Keywords/Search Tags:judicial ceremony, judicial authority, religion, legal belief
PDF Full Text Request
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