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Jurisdiction Of The Carrier Study

Posted on:2006-09-18Degree:MasterType:Thesis
Country:ChinaCandidate:Z F WangFull Text:PDF
GTID:2206360155961263Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Ordinarily, the judicature organization is called the judicial powers main part in the perforation of judicature process. Yet the angle is see through what the authority was distributed , still more should call The Carrier of the judicial powers . Locate for the judicature organization to the judicial powers carriers, the rightful arrangement organization row style being favor of in the light of the judicial powers the property together with operation pattern, be favor of achieving the judicial system successfully, be favor of speeding up and deepens the progress that the judicature is reformed.The judicial powers are not that the jurisdiction also is not carrying out authority, but is one kind of authority to supervise. On the aim, the judicature maneuver aim rests with the error correction, is regulating to the error between human relations in society together with the statue relationship, causes resumes the condition that statue wishes; Be able to come up to see through the meritorious service, that the meritorious service of judicature be able to rest with resumes statue stipulation sequence and liberty, achieves the rights and interests first time the person who distributes condition, The being of statue is the judicature maneuver prerequisite, it also is the judicature formwork; The angle through bionics is see ,the judicature is one kind of sovereignty person's self error correction "Immunity maneuver", the judicial powers are this kind of self error correction authority to supervise. The reason of monitoring rests with sovereignty person this "Existence part of the body" Being self with goes on, can not cause the error of body liner cause such destruction.Judicial powers monitoring nature was resolved that passive quality not at all is the sure features of judicial powers, procurator work authority is the judicial powers gives little cause for criticism . The feature of judicial powers not only consists of judicial powers Independence, Fair quality and Outcome, the quality of Unity > Immediately Microcosmic still more ought to display. The Unity requires judicature process and the judicature result to be highly unitary against the statue aim, thereby achieve the fair of judicature; Immediate quality of judicature is the guarantee tounity , it requires the statue to be living in the judicature process with at least segment to be living in the concrete law case may achieve. The segment of judicature is much over, the unity of judicature is difficult to the guarantee over; Judicature microcosmic is immediate quality of the judicature embodiment, that the judicature maneuver ought to be living causes party concerned directly confront country and statue in the microcosmic step, cause the right be living in the microcosmic step direct dialogue against authority, this is the guarantee of judicature authoritativeness.Comparatively every state nation judicature setup and judicial powers operation patterns, the carrier that may be by the judicial powers is divided into two kinds of judicial organ pattern with the individual modal and the collective modal. Being living strengthens the judicature to unite, two kinds of carrier patterns were tacked the similar step: On the one hand is lifting the authorizing of judicial powers carriers, on the other hand is lifting the independence position to strengthen the carrier. Yet the judicial powers carrier patterns with the individual modal decreased the judicature segment, be favor of the judicature effectiveness raise, be favor of the going from place to place of personnel staff of judicature system inside, guarding against the organization too fat to move, be favor of being on guard the judicature specialization and administrationization, be favor of being on guard harmful element enlargement.Our country judicature present situation is see, the vase throat that the judicature reformation is living in the judicature organization, driving force reformed internal the judicature organization that the judicial powers main parries traditions were approximately attend school the restraint, condition the well litigation system realization. Besides, the judicial organ with the collective modal of our country judicial powers bears the weight, feeble the pair judicature personnel staffs individual professional work demand dissolve, It is too fat to move to cause the judicature organization ineffective; The judicature maneuver administration segment is too many, disobey immediate quality of judicial powers, cause the judicature administrationization specialization.In the interest of speeding up our country judicature, possessing indispensabilityto adjust the judicial organ locates once more, with the judicial powers carrier is approximately attend school the approximately idea replacing the judicial powers main parries. Inside that first of all widens the judicature system is reformed; resolve the vase throat element that the judicature is reformed. At the same time, lift judicature troops professional work quality hard and raising the door of goes into, speed up the head's law civil service system and head procurator work putting into practice, pass through the judicial powers carriers to the individual modal one by one.
Keywords/Search Tags:The Judicial powers, Main Part Carrier, Judicature, Reformation
PDF Full Text Request
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