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The Independence Of The Courts, Justice System Is Further Improved

Posted on:2007-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:J C SongFull Text:PDF
GTID:2206360185472013Subject:Law
Abstract/Summary:PDF Full Text Request
The government by law realizes that the social fair is best way. Nowadays, it is commonly accepted that a country should be governed by the law. In the construction of a country governed by the law, a very important part is played by judicial independence, without which, a legal system can not be built up. Along with the socialism government by law unceasingly perfect and perfect, fair, fair, independence, center at once the modern judicature idea establishment, judicial independence is more and more mentioned at a higher altitude. How guaranteed the people's court independently exercises the judicial authority legally? How can the court independent adjudication be ensured? This essay embarks from the actual problem, unifies the legal science theory which studies, propose own conception about how to further consummated our country court to judicial independence system.This essay is composed of 3 parts besides the introduction and the postscript:Part Ⅰ .The independent adjudication's rationale. Firstly, the author reviewed the independent adjudication's origin and rationale. Next, elaborated the content of independent adjudication in western nation: Court independence and judge's independence. Finally, introduce world other countries and the United Nations independent adjudication system's related stipulation in detail.Part Ⅱ. Present situation of our court independent adjudication system. Firstly, the author introduced our court independent adjudication system's meaning, and elaborated "independent adjudication with the jurisdiction independence does not have the fundamental difference" this judgment. Next, introduce legislation present situation of our court independent adjudication system. Finally, proposed some questions and the insufficiency of our court independent adjudication system which in exists.Part Ⅲ . The conception to consummate our court independent adjudication system. The author proposed below devices about our country independent adjudication system's existence flaw: First, establish independent adjudication's safeguarding system. Our country has already taken some safeguard...
Keywords/Search Tags:Independent adjudication principle, Safeguard system, Restriction mechanism
PDF Full Text Request
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