Study Of The Principle Of Adjudication Under Law In China

Adjudication under law is a basic principle of the rule of law in our country. It is because the judge adhere to the principles of justice in accordance with the law, which makes the legal system could successfully regulate and guide the interaction between people, which is conducive to the realization of judicial justice and enhance the judicial authority, to construct a harmonious social order. However, in currently, the principle of trial in accordance with the law is very little in the related research in China, even lack of systematic research on this principle, and therefore, it is particularly necessary to study the principle of adjudication under law in China.Adjudication under law is a basic principle of the modern law construction, and asks the judge in the case must apply to the existing law objectively and strictly. Although the legal system of our country has stipulated explicitly related to trial in accordance with the law principle, the legal system of our country in the judicial practice does not provide a reasonable answer for how to correctly and properly apply law. As a result, it often makes judges into a loss position in the process of handling cases according to law. Therefore, basing the principle of adjudication under law on relevant regulations in China, this paper according to the actual operation of "law" descriptions the scope of "law" which is the base of the trial and its application in the paper. This is theoretically beneficial to the establishment and implement of the principle of adjudication under law.Although our country has the relevant regulations on the principle of adjudication under law, but under the current complicated and changeable social relations, the implementation of this principle has encountered many obstacles. This paper focuses on the analysis of the three factors that influence the implementation of this principle:the development of judicial activism policy, media supervision and public opinion. Judicial activism is a judicial policy which put forward by the Supreme People’s court in recent years, which constitutes the impact significantly on trial in accordance with the law principle; in the modern era, it is often seen that the media in the name of supervision excessively focus on judicial cases, to some extent, it interferences judge handling cases according to law; in the present China’s judicial, public opinion has been unprecedented attention, behind in some cases, we often can see the phenomenon that the raging public opinion seriously influence the judge handling cases according to law. Therefore, trial in accordance with the law principle faces all kinds of challenges in the Chinese social context.Therefore, this paper puts forward countermeasures to truly implement the principle of adjudication under law. First, In the implementation of judicial activism policy to respect the principles of law the trial an important role in building the rule of law in our country; second, properly oversight the role of media in the field of justice, so that the judge can truly handle cases according to law; third, the judge handle cases without public opinion, at the same time, in accordance with the law to uphold principles should pay attention to in the public opinion. Through the discussion of our trial in accordance with the law related issues of principle, in order to truly on the establishment of the principle in our country and help to implement.