On The Political Function Of The Administration Of Justice

Judicature has political function, which is the result of separation and interaction between political state and civil society, is the objective request of power's restriction and power's protection, is the expressive form of democratic politics. It is very necessary for Judicature to exert political function, because it can offset administration and legislation's shortage. Moreover, judicature's characters guarantee the likelihood of Judicature's exertion of political function.System civilization is the core of political civilization. So political civilization's construction needs the realization of political system's democratization. Judicial activity can vindicate constitutional government, restrict administrative power and attend public policy's institution and execution, In China, we should strengthen court's power, establish judicial review and constitutional litigation, and enlarge the range of administrative litigation.The party's activity must satisfy the request of rule of law. Judicature's characters ensure that judicature can supervise party's activity and untangle party's dissention. In China, we must adjust party's leading and reigning mode from the request of rule of law.The rational political culture means free, equal and just atmosphere. Judicial activity can form, maintain and affect political culture, so the construction of rule of law must attach importance to judicial function in political culture. In order to construct social atmosphere of right, we need to reconstruct legal popularization, establish case system and intensify court's ceremonial.