With Chinese Characteristics And The Independence Of The Judiciary System To Build The Research

The term of Justice, it is no stranger to the administration of justice in particular word because of our long-standing tradition is one of judicial and administrative, judicial and administrative unity, subordinate to the administration of justice. Judicial independence, although in the Western world is a more mature theory and the rule of law, has also been recognized by many Western countries, and practice, and even today some socialist countries have been recognized and followed. However, to our people, the real independence of the judiciary into the people's vision of reform and opening up things. Although the earliest in the "1954 Constitution" has been clearly defined, people's courts exercise judicial power independently, subject only to the law. Unfortunately, the final has not been truly put into practice, especially in the "Decade of the Cultural Revolution", which the whole judicial system was severely damaged and trampled upon, the construction of legal systems are forced to stagnate, not to mention the independence of the judiciary. Crazy in that era, people were aroused to the smash "public security" crazy enthusiasm, completely shattered just established the principle of judicial independence; it's supposed to be a matter of course development and growth of giant trees, and in our legal system construction bear rich fruits, and the result is aborted. Now think about it, not only regrettable and deep feeling, but also we continue to reflect on and learn from. However, to our happiness, our Party and government with tremendous tenacity of determination and courage is promoting reform and opening-up and judicial reform, not only the "rule of law" into the Constitution solemnly, rising to the height of the fundamental law; Moreover, judicial system reform and actively explore the path and measures with emphasis on the focus on the independence of the judiciary (judiciary independent exercise of powers) and the establishment of justice and security on, and achieved remarkable results. Originally part of judicial independence, the modern capitalist world, the rule of law has gradually been understood and accepted, have gradually become an important judicial system and rule of law.With the historical background of this major change, people's minds are more open, a large number of Western rule of law and the system was introduced and transplanted to China, to a certain extent, the rule of law in China has greatly promoted the modernization process, so that the rule of law in China fast track nation-building progress. However, we should see and learn from the West in the introduction of advanced, outstanding achievements of civilization the rule of law, but also often prone to quick success, rely too much on the negative psychological western, Leading to a simple transfer of blindly copying the West and the rule of law and institutions, so that adverse reactions occurred in the dessert, and even some serious consequences. This is the construction of judicial independence presents a new challenge:the independence of the judiciary has no personality, is not a universal truth, need not the actual situation with other countries combined, and how the specific building and so on Judicial Independence in China This number seems to understand the truth, but is plagued by thoughts and behavior of people. Based on this, the author focuses on Western typical of judicial independence-the United States judicial independence, and put it compare with the reality of our country to think and to explore the construction of the road of judicial independence.From the logic of structure, this study is the theory of judicial independence from the origin, meaning and value of practical way to start, focusing on analysis and elaboration of the characteristics of the two countries and the differences of judicial independence, and derived from the comparison of judicial independence should Some Chinese characteristics, and then advancing to explore and explain the characteristics of judicial independence building has its own difficulties encountered, and explain from the specific analysis and thinking seriously consider and put forward: the construction of judicial independence in China and specific Chinese road approaches, measures After this rigorous analysis and system demonstration, the author draws an important conclusion:China should establish and develop the principle of judicial independence, and use it as an important country and the constitutional system of rule of law to focus on building; However, our judicial independence must have its own characteristics, not blindly copy and transplantation of Western legal system and rule of law, must be based on China's national conditions, proceed from reality, and adhere to its own way:...