Commenting On Foundation Of The Judical Authority

Judiciary goes from the text to the intermediary of life as law, and plays a vital role in the legal construction. The judicial construction should be given priority in the legal construction. However, now China's judiciary is faced with many serious problems, such as frequent judicial petition and litigation, difficulty in enforcement, and too much outside interference. The judicial construction is difficult to implement. This paper figures that the most fundamental reason is judicial authority having not been established in our country.The establishment of judicial authority now in China is dependent on the coercive implementation by the power of political authority. Although this model has the advantage of establishing the authority quickly, the judicial authority is constrained by political authority. Being a vassal of political authority and without independence, it can not really have its own authority. This model has its paradox inherent, and it's not a feasible way. The plight in the contemporary judicial administration also illustrates the problem. This paper seeks for a judicial authority establishment model which is bottom-up and comes within the people. This model, though relatively slow, comes from people and owns inner identity of people. It is the most effective and feasible model to establish judicial authority. So how can the judicial authority been established?For the discussion of this problem, this paper is different from the previous jurisprudential and sociological research. It's more focused on the perspective of legal history, that the enlightenment from historical experience. The profound history leaves us a lot of experiences and lessons, and to learn from these experiences and the way in resolving the problem is undoubtedly convenient and effective. And if you can intercept a part from history as the sample to do a comparative research with the contemporary situations. Such research is undoubtedly interesting and valuable. This article adopts this approach, trying to find a solution to the problem from the enlightenment of historyAfter careful analysis, this paper selects the British leased Weihaiwei as the study sample. British leased Weihaiwei is at the edge of our historical break, which can be intercepted from the "seamless" history without affecting the integrity of both history and research. The files about British Leased Weihaiwei are large and nearly complete, which can support this research well. There are great similarities between common law settling in China and the present situation of China's transplantation of continental law system and institution. Besides, the judiciary implemented by the British gentlemen who are traditionally judicial center doctrine has great research attractiveness. The judicial receptors of British Leased Weihaiwei and contemporary China are similar. What's more important, during the British Leased Weihaiwei period British rulers established the judicial authority with low costs. And the establishment of the judicial authority experienced transformation from the forced implementation to the identity by the people. It is just the judicial authority establishment model this paper tries to seek.After the sample selected, the paper analyzes the judicial characteristics and operation in British Leased Weihaiwei, with the intention to find its ways and means to establish judicial authority. Subsequently, the whole process to establish judicial authority is interpreted and analyzed. Finally, based on the enlightenment from the judicial authority establishment of the British Leased Weihaiwei, the paper puts forward some advice on the establishment of judicial authority in China.