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Judicial Independence And An Independent Judiciary

Posted on:2008-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LiaoFull Text:PDF
GTID:2206360215973174Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Sovereignty independence is the prerequisite of judicial independence, and the later is the essential condition of keeping justice and maintaining stability of society, Judicial independence has no guarantee without sovereignty independence, so does justice. Base on it, Judge John C.H. Wu advanced this issue. He realized that justice could also defend sovereignty. As judicial independence is an inherent demand of the society governed by law, it has a significant effect on sovereignty.This dissertation takes 1920s concession in Shanghai as the background. Discussing the spirit of justice expressed in the process of Judge John C.H. Wu's trial and his works, it depicts Wu's judicial independence concept completely.Starling with the judicial practice of John C.H, Wu, this article elucidates concept and theoretical origin of judicial independence in his legal thought. It also analyzes core factors and nature attribute of sovereignty. Further more, it elaborates the relationship between judicial independence and the sovereignty independence. The key point of this article is lain in revealing Wu's ideal of justice, pointing out the difference between state immunity and extraterritoriality——equality of state sovereignty is the distractive standard Take this as basis, this article explicates the theoretical origin ofjudicial independence in Wu's legal thought by analyzing two ultimate questions in his jurisprudence,——"what is the law" and "how to utilize the law"; clarifies the progress and significance of judicial independence in modem China.
Keywords/Search Tags:Judicial Independence, Sovereignty, Extraterritoriality
PDF Full Text Request
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