| The article has two outstanding features :the first is to applicates the loay of compare to research the common law ,America-british law, and our country's active right of justice, From which we can find the shortage atout our active overlook of justice. Second , it refers foreign advanced erperience of justice and connecting the outstanding problem that exists in our overlook of justice. From which we bring forwand our own creative opinion boldly.The article is divided into four parts with 40 thoundand words. In the first part, it is mainly to take apert the problem that exists in heart of juris dictional overlook deeply, which point out stressly that: first, in the judgement the judge can't distribute the vight and responsibility, and is short of creativity, so the judgement organization is stylized and the head of judge severely. It difficult to rejudge the case of wrong. Second, the prote of area is based on non-independence and administrativelism of justice system. Third , though our country practice two times final judgement. In the practice of judgement, at the first judgement, the court hands the case in the superior court without judgement so as to deprivats the right of litigant,which make the two time's judgement is stylized and interfere the superior court overlook the junior court so as to lead the unfair justice. Fourth, the judiciary's quality is so low that they are difficult to self-discipline and resist interruption of many bird of secial strengthes, which effect the fair of justice and it difficult to control free judgement. Fifth, the jurist's standand of living is not in good, so they are difficult to resist all kinds of sound allarement anda lot of cases are connected with money and relations that are found in the judgemant, which lead to unfair. Sixth: the judgement is stylized, only have judgement but without result, and the judge handle the case under the shadow, which lead to judjement can't be devidied. Seventh: the court's maragement system is adminislratized. Which lead to the judge in their line but do nothing and their belief apart from fair.In the second part, for problems of superoisory system in ministry of justice, there is a prolonged analysis. The emphasis on : one. it is abstract not concrete of law-superoison-national people's congress. Because it hasn't become system and rules, there is a syspension between right dioision and judiciary division. Two the trials from people's procuratorate are on the surface, and do not put it in the first or center place. Placing havndly-hit and oppos ing-corrupt. It decreases the right and liability of law-superlisor. There: the superision is not enough in PRA for the lack of law knowledge of leaders. Four: there are so much obstacle in public opinion that it couldn't reach the deeper layer. But the supervision of phenomenon doesn't play it role effectively. Five the suporsion of litigants haven't formed self-conscious and tidbility, the superision of lawers haven't the lawers use illegal methods to draw on the tainled judge, and it becomes a main reason for judiciary corrupt.The third part mairly tell about what affact or infcuence jurisdiction after china's entry into the WTO , with ecoromical globalization, the law of of china should cateh up with the international. The justice of china will integrete into the judicialenvironment of the world and surface the challenges or opportunities that never encountered the new case will come out loading responsibilities. A judicial, efficient, transparent democratil justice reformation coundn't be cancelled any mort. The key of the innovation is to enforce the indeperdence and the authority.It remains a long way for the innovation of china's justice. To pursuit the judicialism, we should bring more innovation and reformation.The fourth part put more omphasis on the policy of the supervision system. Proposing the innovation of self-discipline encourageously. First, we should ensare the rdalization of judicial independence. Secaring the economical independence changing the... |
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