| Comrade Jiang zheming pointed out in the Fifteenth Congress that with the economic system innovation and the modernization building, at the precondition of Four Fundamental Principles, we should continue to push the reform for politics system, more widen socialism democracy, consummate socialism legal system, according to the rule of law to manage state affairs to build the socialism democracy country."In the sixteenth party reports ,take more pushing the reform for elisor system as the main content of the politics building and system reformation ,and he also pointed out that: the elisor system of socialism must guarantee realizing the all equitableness and justice, according to the request of candid elisor and executing the law strictly, consummate setting up the framework for the elisor department parting of the authority and management system. Build an elisor system which is clear in the right and the duty, cooperating with each other and running in high speed .Guarantee the adjudgement and the inquisitor department to exert the jurisdiction and the inquisition right independently and justly depending on the rule of law..'reform the working mechanism and the management of the people and the property in the the elisor department ,step by step to realize the separation of between the judgment and the inspection of the elisor system, no doubt that the reformation of the elisor is a big action to emphasize the development for the legal system and also guarantee the socialism market economic to be developed healthily, and it is the need of the entering into the WTO.The judicial reform includes the court, the procuratorate and the public security department. The core of judicial reform is coordination of the judicial department and the other department, the Person and belongings arrangement ,the establishment of jurisdiction independence. The judicial reform should rise to same level with the economic and political reform.Our country present legal system is carried out in the politics of taking the class struggle as the outline, and developed under the specific historical condition of centralization planned economy. There are three disadvantage mainly: (1) In the view of relations between state and judicial department, the judicial department is restrained by the other state department and the organization at person, wealth, thing and so on. (2) on the one hand because lacks the concrete working instruction which cause the state department fail to supervise judicial department's behavior, on the other hand the judicialDepartment specially in local judicial department resists the state department's surveillance at the excuse of law independence (3) In the view of present judicial department's management system, organizations, the working routine and the personnel composes, our legal system also has many problems.According to the request from the party to rule a nation by law at Fifteenth National Congress, the judicial reform should be considered from following aspects. First, the goaljudicial reform is to strengthen judicial independence fatherly; Secondly, judicial authority must by emphasized during the judicial reform; Thirdly, judicial unity must be strengthened; Fourthly, consummates the way and procedure of trial; Fifthly, establishes a specialized judicial system, diligently improves judge's troop quality roundly.To solve the question existing in our country's present legal system ,our legal system must be reformed from following aspects: (1) reform present human affairs, the finance and the leader system, establish a judicial system which is uniform and independent in the national scope, guarantees unification of the jurisdiction and the national legal system; (2) reform surveillance mechanism, strengthen judicature surveillance, guarantee the judicature to be fair; (3)reform interior management system and working routine of judicial department;(4) establish investigating system to misjudged law case.Finally, another question must be pointed out. It is more important to strictly c... |
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