On Of The Leading Party Group Of The Court

"The political-legal leaded by CCP" is the premise of judicial operation in china, but also the judicialreforming must study the issue, because our justice must be based on our own national conditions, andrespecting our history and tradition. In recent years, more and more domestic scholars began to jump out "Europe and America" vicious circle, and try to use "Chinese narrative" interpreting China judicial system,shifted from " the simple criticism under the background of the western rule of law " to "Chinese contextreasonable interpretation", it is no doubt a progress. The first thought, is taking the view of comparative law,to take others long fill their short. As the old saying goes "Outside the Box jade", and to America as therepresentative of the western countries both the theory of rule of law and system construction are at anadvanced position, so compared to fill gaps, where self nature has its reasonable place. But the scholars toovercorrect, compare the time of the rule of law culture and western judicial system, judicial idea of theWest will look up to as the standard, so that the reference as the target, will learn equivalent to imitate, willdraw on the alienation is a simple copy! Unfortunately, when the ideal picture not in the eyes of theimplementation, began to the reality much criticism, criticism, as if the system Nothing is right. our. Thisidea is the neglect of Chinese history and reality, totally in western legal thought spells in the performance.In1930May, Mao Zedong has two classical exposition in the "opposition bookishness", one is "noinvestigation, no right to speak", two is "bookishness to quickly change the conservative ideas! To struggleto! To the masses to do the actual survey". In fact, research on the western theory of pure and as a templatefor the rule of law is Chinese criticism from China actual "bookishness" performance. For the Chinaconstruction of rule of law, the most important is to understand, understand its historical context, tounderstand the structure of the system of it, it appeared in the operation of the system defects and problemsof understanding, and the least important is unnecessary criticism and empty appeal and slogan.The paper focus on the topic of "party politics" under the premise of jurisdiction operation, and theentry point is the court hierarchy system in power to top--"leading Party group ". One principle runsthrough this paper is the idea of "narrative_explanation_comments". The so-called narrative, is the realityof the court party such as personnel, organization, operation procedure, function, objective description to documentary, investigation techniques. The court party as the organization within the court, in the law thereis no relevant provisions, the court outside, its organizational structure and operation of power as the "blackbox" like not knowing. However, the court party and really there and plays a core role of the leadership inthe court. How do we study? We only the operation status of the system presented objective, tointerpretation and evaluation, and this is the meaning of narrative. The second is to explain, explain thecontents include system history, the legal origin, the political basis, interpretation is a supplement to thenarrative. This paper for the court to set up party history reviews, also interpret party formed the basis of"Chinese Communist Party Constitution" the relevant provisions, its purpose lies in the party from a static,fuzzy concept transformation is a dynamic, clear structure, so the court the party has a deep grasp of. Thechild is father of the man, finally comments, and probe into the problems in the operation of the judicialpower from the court of party system function, configuration and history, especially the problems and theleadership of the party. In the conclusion to the judicial reform as the background, on the relationshipbetween the leadership of the party and the judicial authority puts forward some opinions and suggestions,but only as a supplement to understand the court party system description. To be clear, this article is to"narrative explanation on" thinking, but in order to facilitate the formulation sometimes take "flashback"way, such as putting the court of party history in the first part.