The Research On Case Examination And Approval System In China

Judicial practice is defined by law, this is a basis for legal construction. However, there are so many procedures which are not defined by law in China, we call them hidden rules or informal systems. It is legal procedure in terms of relative to, though they are not defined by law, they exist so universally, and be accepted by the courts. They are not mentioned in a report for records, citizens cannot know it, but they influence the result of legal case, such as Case examination and approval system, Case instruction system, Organs of the United, The National People’s Congress judicial intervention and so on. Case examination and approval system is the most universal illegal system, it offended against judicial publicity and procedure legal, destroys independence of judicature, it is the obstruction for that China moves towards rule by law. Nevertheless, jurisconsults in our country always take it as a bad consequence for the defects of the judicial system. Most jurisconsults set out what it works, and rarely take it as a independent system to research. They take some advices to remove it, but these advices are theorization and hard to carry out. In my opinion, case examination and approval system must be researched alone, we must analysis its advantages and disadvantages by study its history, and then propose some advices of reform, which will be great importance to judicial reform.As a practice solicitor, the author has comprehended what Case examination and approval system is, and studied some theories about it, then promote its invalidity by analyzing its modality and causation. At last, the author will throw out some suggestions of reforming, in order to remove this system and move towards rule by law.The introduction of this article tells you what is the case examination and approval system and how it violate the law,by reorganizing the theory and blankness about it in our country,the author propose the innovation and the significance of this article. The fist part of the article based on the process of Case examination and approval system,introduce how it works and which cases will be discussed in this system,for the sake of letting readers know more about it.The second part of the article explores the history of Case examination and approval system,and analysis its causation by discussing the history of Case instruction system,there are reasons in system and culture.The third part of this article analysis how Case examination and approval system violate the law.It offended against judicial publicity and abstention doctrine because it is hidden,president of law court and chief justice decide how to judge the cases without listening the debate between the parties, which offend against principle of direct trial.Case examination and approval system is not defined by law,the judge have no judicial power, it offends against procedure legal and destroys independence of judicature.In the final section of the article,the author propose some reformation to remove Case examination and approval system.Fist of all,reform the system of the judge management in order to achieve the justice individual.Second,establish the judge’s individual power in law.Third,enhance the standard of being a judge to increase their importance.Finally,establish a supervision system to achieve judge’s individual power.In this article, the author take Case examination and approval system as a independent system to research, propose some reformation to remove it. Most jurisconsults in our country always just take it as a bad consequence to criticize its illegality, most theorization are hard to carry out. The author propose a detailed frame for the judge management,which is the innovation and the significance of this article,in order to attract the jurisconsults’attention. The process of reforming must be last for a long time, the reformation must be based on present situation and be a long-term strategy.