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Study On The Problems Of Trail Management Programmed

Posted on:2012-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:W X SunFull Text:PDF
GTID:2216330338971747Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
As all of us known, Due process of law is a commonplace subject. It is not merely an operable legal principle, also should be a kind of concept of judicial, which based on the studies status of Trail Management at home and abroad. This article make the principle as a breakthrough point thoroughly analyze the content of it, such as the judgment process management, the case quality supervision evaluation management, the case performance evaluation management and the judicial statistics network management. Four aspects of them work together to meet the goal of the procedural judicial justice and efficiency. As the result of our trail management now often present out of the process talking about entity one-sided, Court lose the judicial authority and derive a series problems that citizens legal rights unable to be protected and relieved fully and fairly. So there have practical needs to study how to realize the trail management programmed. I hope through the proper procedure tell the domestic and foreign research scholar and the trail management reformers that the importance of procedure and entity are both the substantive ideas. Firstly, change the traditional way of trail management, except for the idea, refresh the thinking of focus much more on power but neglect in accordance with the procedures of how to exercise of power. Secondly, determine the standardization of the trail management in china need the supreme court establish detailed rules for the implementation of unified management as a leader, use the legislative procedure to guarantee the trail management procedure. Finally, remedy procedure concretized value and eventually to get the responsibility of the constitution to protect citizens legal rights. A system is not just expanding the research of direct system itself, more important is the thought consciousness, with ideas to lead"practice reform"line, with ideas to wrestle the obstacle of reform. moreover, to emphasized the trail management programmed itself is important as well as the judicial fair entity, and only design such kind of trail management mechanisms of due process of law can refresh the basic goal request. In the basis of the justice of procedure can reiterated the concept of justice completely. Meanwhile, we cannot ignore the status that the administrative tendency of trial management in china. Undoubtedly, we need strengthen the procedure concept, but it needs a long period to prevent and avoid the administrative tendency. With appropriate procedures idea thorough taking root to the manager's thought, and make them realize what judiciary procedure value is while we strengthen the trail management. We believe it's a practical and feasible approach that go deeply understanding of the way which the procedure can guarantee justice and efficient completely.
Keywords/Search Tags:Programmed, Administrative tendency, Due process of law, Trail Management
PDF Full Text Request
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