On The Administration Of Justice And Its Countermeasures

The judicatory with administrative characteristic is the problem that should be attached importance to highly at present in china. It makes the judicatory lose its own characters and functions. So, It is very dangerous. It is the largest obstacle that affects the judicial justice and holds up the process of the judicial modernization. The judicatory is different from the administration. The judicatory must be independent of the administration. The setting and moving of the judicatory should follow the law of its own. The judicial independence helps to accomplish judicial mission. It is the emphases to know the abuses, to dig up the reasons and to look after the rational countermeasures for the future. The thesis has four parts. At the beginning of this article it concisely analyses the characters of the justice and administration and discusses the significance of judicial independence. In the second part, it analyses the history of the judicatory and administration. In the third part, it discusses the judicatory with the administrative characteristic, mostly including threeproblems, namely phenomena, reasons and abuses. In the forth part, it brings forward the way of conquering the judicatory with administrative characteristic.