China Judicial Reform Under The Rule Of Law

After the founding of new China, our Party abolished the Six Laws book ofGuoMin Party and the judicial system with reference to that of Japanese and Germanymode, and established new judicial system referred to that of Soviet mode andcombined with the situation of our country. However, for several decades later, greatchanges have taken place in the economic foundation of our country. The originaljudicial system appropriate to the planned economy already can’t adapt to the judicialneeds required by the present market economy, so the demand for the reform of thejudicial system is urgent without wait. Since the15thNational Congress of ChineseCommunist Party in1997year, the judicial reform has been proposed in the report ofsuccessive central plenary session, while the judicial reform had the actual measuresuntil the decision of the18th third plenary session, involving in the reform of judicialsystem. The purpose of the current judicial reform is to rule out the interference of court,judges to safeguard the judicial independence.Firstly, this article reviews the establishment of new China’s judicial system, andbriefly introduces some concrete measures of judicial reforms in recent years; Secondly,analyze the necessity and the power, resistance of judicial reform through the existingproblems in the operation of current judicial system; Thirdly, the author points out threemajor disadvantages of current judicial system, namely localization, administerizationand politicization of judicial, through combination with personal working experienceand consideration of some problems; Finally, the author puts forward the advice on how to guarantee the judicial independence, that is through the reform of judicial committeesystem, document signed audit system, the establishment of the judge professionalguarantee system and perfection of the evaluation mechanism inside court to ensure thejudges enjoy independent judicial power; through straightening out relations with partycommittees, getting rid of the dependence on the administrative organs at the same level,standardizing the supervision of the judicial organs of National People’s Congress,rebuilding relations with reporting agencies in the outside to ensure the independentjudicial power of court excluded from unlawful interference.It comes to the conclusion through the analysis of the full text. The currentjudicial reform is to unload the impossible burden on justice through a series of reformmeasures, to make judicial power as public tool return back to its essence, that is to say,independently and neutrally judge and stop the disputes. The judicial system is what weneed to ensure national stability and social security.