Change In The Status Of The Court In Our Constitutional Text

Independence of the courts means courts exercise jurisdiction independently, andbe free from the interference of administrative organs, social organizations,individuals or any other institutions and individuals. The judgment of the courtwithout legal procedures shall not be arbitrarily changed. The Court is an independentconstitutional status. Independence of the courts is the important principle of theguarantee of the people’s court to exercise jurisdiction, and is the necessary conditionto guarantee the judicial justice, and is the important means to realize the rule of law.After long-term exploration and research, our country has made considerable progressin the construction of the status of the Court. But there are still some problems in thejudicial practice, which are not helpful for our country to establish the status of theindependence of court. Since the late Qing Dynasty of constitutionalism, the status ofChinese courts in the text of the constitution has changed. Based on the changes of thecourt’s status in the text of the constitution at all times, this article will analyze thechanges of the court’s history status background, discuss the various influence factorsof changes of the court position, and summarize the characteristics of changes of thecourt position. At last, I try to be summarize some historical and realistic thinking forour country’s court position construction.This paper includes two parts, an introduction and the main body:The introduction, the first chapter, mainly paraphrase the meaning of the court,the text of the constitution, judicial independence, the independence of court, judgeindependence and other related concepts.The main body consists of five chapters, the second chapter is elaborated theposition and characteristic of the court in the late Qing Dynasty of constitutionalismperiod. The chapter analysis on the constitutional clauses about the court in "theoutline of imperial constitution" and" Nineteen significant creeds" and their practice,then find: The principle of judicial independence has been legally established in theconstitutionalism in the late Qing Dynasty for the first time, and the thought of thecourt independence was widely spread and began to be accepted by the wide awakepeople. The judicial system and the court’s structure in nowadays is beingreconstructed gradually, and the position of the court has been greatly improved. Atthe same time, China first transplanted large numbers of program laws and entity laws from foreign countries, and it provided some reference to program for our courtshearing cases.The third chapter is on the status and characteristics of the courts of the Earlyperiod of the Republic (1912-1927). This chapter analysis on the constitutionalclauses about the court in "Republic of China Provisional Constitution"" the practiceof the Court’s constitutional provisions" and "the provisions of the", then find: in thestage most of the constitutions inherited the advanced concepts of the late Qingconstitutional, and implemented the principle of judicial independence. the provisionsof the courts and judges were becoming increasingly modernization, in which therewere some progressive initiatives. Such as, prohibit judges to join the party, theimportance of improving the professional quality of judges of the provincialautonomy movement to promote the construction of the District Court. However, dueto the destruction of the military court, the county magistrate supervision of thejudicial system, as well as the consular jurisdiction of the interference, resulting in thefact that many constitutional provisions simply has not been effectively implemented,the independent status of the Court is still facing serious challenges.The fourth chapter is on the status and characteristics of the courts of the Laterperiod of the Republic (1927-1949). The chapter analysis on the constitutionalclauses about the court in "The period of political tutelage, constitution of theRepublic of China" and" The constitution of the Republic of China " and their practice,then find: The construction of the court position was extremely rough in Later periodof the Republic of China. The party led the court beyond the limits of necessity. Runcounter to one ’s desire, It hindered the court’s independent construction，and the courtbecame a tool of the fight for power and money during this period. But at the sametime, we should also see the achievements of the court’s construction in the period,For example, the termination of County governor supervision judicial, recover ofConsular jurisdiction and so on, which are beneficial that courts exercise judicialpower independently.The fifth chapter is about the Court’s position and its characteristics since thefounding of the People ’s Republic of China. This chapter is found through theanalysis after the founding of the People ’s Republic of China since the constitutionaltext on the Court’s constitutional provisions and the terms of the practice: Status ofthe Court building at this stage in fact gone through twists and turns, can be describedas drawn the short straw. However, under the influence of the socialist people’s democratic dictatorship, finally established the leadership of the party People’s Court,the court from the People’s Congress, under its supervision and be responsible for it.At the same time, Court exercise judicial power independently, not subject to anyother administrative organs, social organizations, individuals, institutions andindividuals to interference with the independent status has also been well establishedby the Constitution, and it implement very well.The sixth chapter, through the whole historical process of change in the status ofthe Court in our constitutional text, Combined with a number of problems in ourcurrent court building, the authors conclude on the Court’s construction of theRevelation, and think that the court construction should from based on their nationalconditions,guide the broad masses of the people to actively participate in the courtbuilding, correctly handle the relationship between the courts and the executivepower, correctly use of the party leadership of the Court,and to construct areasonable judge system five aspects, continuously promote the construction of thecourt status.