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The Influence Of The American Party Politics In The Administration Of Justice

Posted on:2006-12-20Degree:MasterType:Thesis
Country:ChinaCandidate:X M ZhangFull Text:PDF
GTID:2206360152490897Subject:Legal theory
Abstract/Summary:PDF Full Text Request
On the basis of the exploration of the unavoidable effect impacted on the judicial process of the United State by its political parties from both the theoretical and practical aspects, the paper found that the relations between activities by political parties and judicial independence is compatible instead of the contrary. By referring to this type of political practices in the US, the paper put forwards suggestions to that effect that when handling the relations between the Communist Party of China and the Judicial system, China can give up the former practice of engaging in individual cases and turn to strengthen political nature and reaction-oriented practices between them.The paper is divided into five parts. Part one detailed both the Constitutional and real life status of the political parties and the judicial system in America. Part two put forth a positive analysis of the effect impacted on the American judicial system by the political parties. The paper found the effect by the political parties have been exercised via activities carried out by the President and the Houses of Senates. In part three and part four, analyzing some major cases that have long been viewed as representative in the constitutional history of the US, the paper states that the impacts imposed by political parties have never, though much fruits collected, overwhelmed or merged the judicial system, which has remained independent all the time. For this aspect, the America can still serve as an example for the whole world. In part five, the paper briefed the difference between the political party-judicial system relations in China and America and concluded the case for China has improved somewhat. It also suggested that in China, the guidance by the CPC over the judicial system can well be transformed to one stressing political nature.
Keywords/Search Tags:political party, judicial independence, compatibility
PDF Full Text Request
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