On The Constitutional Principle Of People's Courts Independent Trial

Nowadays, it is commonly accepted that a country should be governed by the law In the construction of a country governed by the law, a very important part is played by judicial independence, without whiclt a legal system can not be built up. In China. judicial independence is specified as independent adjudication. which is stressed hr the Chinese Communist Party, who takes a leading part in the formulation of the constitutional code and laws. The party called up to promote the judicial reform and ensure a justice independent adjudication by the peopl&s court during the I 5~ national congress of the party. Since then, years have passed. But how did the judicial reform progress? What does the judicial reform relate to and hove How can the independent adjudication be ensured? This essay focuses on this topic with an intention to make contributions to an earlier realization of the independent adjudication in our country. Based on the issues encountered during the 18 years of work in the Supreme Court . I make a comparative and analytic discussion on the constitutional principle of independent adjudication by the People抯 Court hr the aid of the theories of historical materialism and dialectical materialism. This essay is composed of 4 chapters. Chapter One discusses the history and concept of the independent adjudication proposed by the constitutional code, and come to the conclusion that independent adjudication is actually judicial independence, which, as a constitutional principle, regulates the relationship between the judiciary.legislature and administration and ensures the adjudication he independently conducted by the court. As accepted by the XVorld Convention to be the principle of human rights and legal system, the concept of independent adjudication consists of the independence of the court, judges and adjudication. The last two concepts are emphasized in this chapter even though they are very sensitive and considered divergently. Chapter Two discusses the difficulties in performing the independent adjudication. The first difficulty comes from the traditional ideologies, feudal or 搖ltra-left? Secondly the independent adjudication is jeopardized hr the fact that the local courts are formed and local judges are appointed b the local People抯 Congress and local judiciar is also financed locally. Thirdly, it is affected b~ the current judicial system. in which the judgement is finally made by the adjudication committee rather than the judges who have participated in the lawsuit. Chapter Three discusses the necessity of realization of independent adjudication. Firstly, it is a component of legal system in a socialist country. A legal system can not be realized without independent adjudication, which is proposed presently in socialist or western countries. It is, secondly needed for the development of socialist market- economy. Thirdly, it is required when our country is getting more and more closed with the world economy. Especially, ive need it to settle disputes according to WTO rules when we become a member of that organization. Chapter Four discusses the justice reforms within and outside the court for the purpose of realization of independent adjudication. Chutside the court, we need to make reforms in the following: 1. The Communist Party shall not interfere with the specific cases. 2. The courts shall not be set up in accordance with the administrative districts. Instead, the country can be divided into 6 judicial districts, in each of which. one superior court supervises several intermediate courts, each...