On The Contemporary China Social Construction Of Rule Of Law Under The Authority Of The Judiciary

Building and promote judicial authority is the important topics which building a socialist society and the rule of law, is also affecting the judicial practice in china’s great puzzles. Because of our laws and dissemination of socialist construction under the rule of law society and judicial reform of the research needed, judicial authority to a multi-faceted approach and research and scored many achievements, But still is only as a judicial authority in the primary stage of theoretical research. So this passage is trying to judicial authority of the basic connotation, structure and functions, create the conditions and characteristic. Against the judicial practice to the judicial authority of the missing, To combine the law, cultural, legal system and other social sciences research. Tried to build our system of full judicial authority in the theory increased bricks with tile building.This passage is divided into four chapters:The first chapter is an overview of the theory of judicial authority. This chapter is mainly on the basic concepts of Theory of Justice, nature, functions, evaluation system and standards were analyzed and defined, as discussed in this article provides basic theoretical support. I believe that: the judicial authority should be with the current economic system, cultural background, Justice is closely related to environmental factors, has a broad basis of public trust and voluntary compliance by the kind of universal adherence to the value of recognition is based on judicial independence, judicial impartiality and judicial efficiency, under a rational system of state authority; judicial authority is mainly responsible for the nature of the judicial power (neutral, passive, independence, shall be final) decision, the main function of judicial authority, including political support functions stable security function, security function and cultural, economic security functions; judicial authority of the evaluation system should be a realistic political system, historical background and socio-cultural complex of rational criteria for judging the value system. The main contents include:judicial impartiality, judicial independence, judicial equality, justice and results of the finality of judgments, judicial fair, efficient and honest, the concept of justice and the law establishing religion, the administration of justice process and results are conscious of the compliance and implementation, professional elite team of Justice.The second chapter is the social foundation of judicial authority and relationship. This chapter is a comparative analysis of executive authority through the rule of law society, market economy, cultural and their relationship with the judicial authority, judicial authority in an attempt to understand the impact of the social mechanism of realization of the lie. I believe that: the judicial authority and administrative authority is the mutual promotion and mutual restraint tensions, we should be both to limit and restrain administrative authority, while also building a socialist rule of law and administration according to law to promote and protect the government authority to achieve justice; judicial authority is the basic requirement of the rule of law society, the judicial authority can promote the construction and improvement of the rule of law; market economy principles and the characteristics and the nature and characteristics of judicial power, natural fit, judicial authority to protect the healthy and stable development of market economy; the rule of law, building a socialist rule of law can not do without the support of legal culture, structure based on the concept of socialist rule of law and socialist legal culture is to promote the urgent need for reforming the judicial system, but also to build and enhance the judicial authority’s needs.The third chapter is the status of judicial authority and its influence factors. This chapter analyzes the judicial authority of the problems and challenges facing the building, as well as the factors that affect the judicial authority, and then explained the need to enhance the judicial authority. In my view:lack of judicial authority for the judicial status of neutrality impaired performance, unworthy of the name of judicial independence, judicial finality challenged enough in the administration of justice, judicial efficiency is low, and the localization of the administration of justice, justice is not high overall quality, the judiciary and judges of lower status, absence of rule of law culture, and other judicial relief is not in place in ten areas; of judicial authority has a legal and institutional factors, within its own judicial system, culture or ideology, three factors; judicial authority of the construction and upgrading of the current judicial reform is a central task of building a socialist country ruled by law is conducive to the implementation of statecraft, is conducive to the development of the socialist market economic system and the improvement is conducive to maintaining social stability and development, help to strengthen the party’s ruling position.Chapter to achieve or improve our ways and means of judicial authority. This chapter of the system to protect from judicial authority, the concept of support, and other means of legal regulation to the idea of four areas, based on the current situation of lack of judicial authority and its influencing factors, combined with and absorb the academic and other social sciences research, Through the method of structural systems with supplementary building and discussed the main way to enhance the judicial authority and methods. Include:improving the independence of the judiciary system and strengthen the construction of procedural justice, security system, the introduction of case law system, construct the system of judicial review, develop procedures for the authority of the concept, focus on the authority of the court order, rituals and cultural functions, to build the core concept of the socialist rule of law legal culture, to maintain judicial neutrality and passivity, and improve procedures for trial supervision, improve the judicial code of conduct, and improve people’s congresses and committees of the way of judicial supervision, social supervision mechanism to regulate and improve the jury system, and strengthen implementation and improve the administration of justice efficiency, establish judicial integrity and improve the quality of maintenance of the status of judges and judicial image.