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On The Reasonable Arrangement Of The Judicial Power And The Management Power For Judgment

Posted on:2013-12-11Degree:MasterType:Thesis
Country:ChinaCandidate:W J TianFull Text:PDF
GTID:2246330374982953Subject:Law
Abstract/Summary:PDF Full Text Request
From the development of history, we know that our country should be built as a country with "rule of law". Our country is being on the road to a country with "rule of law". In order to realize the target of "rule of law", a lot of legal systems should be built in our country. The judgment system of People’s court is an important part of the whole legal systems, while basic-level courts, which take on the judgment of the most cases in our country, are the base of the whole judgment systems. The article is going to research the questions that are about how to build a reasonable system in which the judicial power and the management power for judgment should be arranged reasonably. The main contents of the article will be introduced as follows:The article consists of five parts. The whole contents of the article are all about the judicial power, the management power for judgment, and how to reasonably arrange the two powers and the relations between them. The five parts of the article make up of a whole with rigorous logic.Part one is the introduction. The part introduces the base of choosing the article, the motive, and the research intention.Part two mainly studies and analyzes the concept of judicial power and its legal features, the management power for judgment and its legal features, on the base of which the part researches the relations between the judicial power and the management power for judgment. The article thinks that the judicial power is a faculta jurisdicitionis that solves the social disputes finally on the behalf of the will of the state according to the legal procedures. The judicial power is a power with neutral, negative, in person, and final features. In essence, it’s a judgment power, remedial power and state power. As far as the relations between the two powers, the judicial power is the base of the management power for judgment, while the management power for judgment will ensure the justice of the judicial power. However, there always be intension between the two powers.Part three mainly studies and analyzes the questions about how to arrange the judicial power and the management power for judgment in building the basic court judicial system, the questions and their reasons that arise during the arrangement. In part three, firstly, the author has a look at the basic court judicial reform, which has last30years. In order to realize the judicial justice and judicial efficiency, the judicial reform has been trying to change the administrative features of the judgment by highlighting the neutrality of judgment. At present, the judicial reform begins to attach great importance to the management power for judgment. Secondly, the author makes a thorough study of the legal arrangement about the judicial power and the management power for judgment. As far as the legal arrangement about the judicial power, it includes the judgment legal system, the mode of court judgment, and the exertion of the judicial power. As far as the legal arrangement about the management power for judgment, a whole legal system about the management on the judgment process, judgment quality, and the judicial assessment has been made. Frankly, the above legal systems have taken good effect in the judicial judgment. However, the legal systems about the arrangement on the judicial power and the management power for judgment still face many difficult questions to be solved. Finally, the part researches the questions and its reasons.Part four mainly researches a new idea about the legal arrangement on the judicial power and the management power for judgment. In the part the author thinks that two factors should be highlighted in making the legal arrangement on the judicial power and the management power for judgment. One factor is the judicial logic that judgment should follow; the other is the basic state situations that the basic court will face. The part analyzes in detail the reasons why the two factors should be highlighted. Finally, the part put out some suggestions about how to arrange the judicial power and the management power for judgment in order to improve the basic court judicial system.Part five is the concluding remarks.
Keywords/Search Tags:basic Court, judgment system, judicial power, management power forjudgment
PDF Full Text Request
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