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On The Reform Of The Judicial Strengthening Of The Status Of Judges To The United States

Posted on:2005-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y HuangFull Text:PDF
GTID:2206360125461639Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In the legal reform of the past several years, the weak of the judgers has been the- core issue. The judgers of USA are the absolute authorities. But we notice that, in the beginning of the establishment of USA, the status of the American judgers were not as high as the judgers of today, which experienced a spontaneous proceeding. I want to explain the important meaning of the spontaneous reform of the judgers to the realization of the rule of law. The process that judgers went to the core from the brim was determined by so many factors, constitutional protect, history tradition and the development of industrialization etc. The independent sense and the alliance with the entrepreneurs of the judgers are the key factors. I want to research the meaning of the procedural reform conducted by the judgers to the transformation of the status from weak to powerful. So, I aim at researching the meaning of the reform of the jury system in order to demonstrate that, the procedure, on one hand, is the institutional restrain to the judgers, and on the on the other hand, is the institutional protection to judgers. And the institutional creation relying on the old procedure is easy to be accepted and own the legitimacy. And this kind of recognition, conversely, may improve its orthodoxy. The most important value is that the judgers may change the difficult political problem as the legal issue, which is the valuable hint for us. At present, one of the most important issues in the legal reform of China is the independence of the judgers. In the court system, there exists the spontaneous creation. Abiding to the procedural justice, we may improve the procedural reform.
Keywords/Search Tags:Status of judgers, Judicial reform, Institutional economics, Jury system, Orthodoxy
PDF Full Text Request
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