Jurisprudence Of Judicial Reform Thinking

To realize the goal of independence , justice and high efficiency of jurisdiction, to strengthen authority of jurisdiction, to protect legitimate right of social subject more effectively and more fully, to build people' s belief on justice of jurisdiction, to determine the scope and relation among jurisdictional organs and other relating subjects, and to form morden jurisditional system of Chinese feature gradually, the dissertion exerts comparative method .historic method and the method of sociology of law and puts forward specific design of jurisdictional reforming according to realistic circumstance of China.The thesis is divided into five parts and has about 30000 words in total.The first part is about the significance of jurisdictional reforming. To develop market economy of socialism, to change jurisdictional circumstance, to adapt to the condition of China' s entering into WTO and the reforming of political system, China must innovate jurisdictional system.The second part is about the realistic condition of jurisdictional reforming. On the one hand,the thesis approves the principle of jurisdictional reforming and innovation in jurisditional rules. On the other hand, the article points out thatthe obstacle of jurisdiction reforming lies in conflicting of independence of jurisdiction and central government' s governing, conflicting of the rule of law and rules beyond the very law, conflicting of ideally central status of jurisdictional organ in course of regulating social relations and unimportant status in reality, etc. Then, the article analyzes he limitation of jurisdictional reforming from aspects of present rules , influence of ideology, losing balance in course of regulating of power, lacking of reforming force, which makes the building of rules and system ofjurisdictional reforming more realistic.The third part is about the goal of jurisdictional reforming. The thesis analyzes the system of standands of jurisdictional reforming from aspects of function,nature, value. And based on that , it determines the goal of jurisdictional reforming, namely, independence justce and high efficency of jurisdiction.The fourth part is about the strategy of jurisdictional reforming. It points out that it is necsssary to set up a leading organ of jurisdictional reforming, a reforming outline of jurisdictional, mending relating stipulations of constitution , organizational law of people's court,organizational law of procuratorate office and other laws.The fifth part is about the main content of jurisdictionalreforming. Firstly, it demonstrates that jurisdictional reforming should ensure independence of jurisdiction, that the relation of jurisdictional organ and other organs should be dealt with well, escepically, the relation between jurisdictional organ and the communist party of China should be paid more attention. Secondly, jurisdictional reforming should ensure justice of jurisdiction and the article also analyzes the relation of independence of jurisdiction and justice of jurisdiction. Thirdly, jurisdictional reforming should strengthen authority of jurisdiction. Fourthly, the relation of jurisdiction organs should be regulated reasonablely. Fifthly, internal relation of jurisdictional organs should be regulated reasonablely. Sixthly, jurisdictional reforming should ensure procedural justice.Finally, the thesis points out that the task of jurisdictional reforming is tough but we should also notice that the circumstance of rule of law turns to better and better and that jurisdictional organs are regulating themselves actively. So, the author believes that the goal of independence and justice of jurisdiction is going to be realized completely in near future.