The British Lords Judicial Reform And The Enlightenment To China

With the primacy of parliament, the British House of Lords as a part of legislature has the highest judicial authority. The phenomenon of power confusion which developed for centuries and influenced profoundly by British traditional legal custom is characteristic in a modern legal state. In different historical period, the British House of Lords has a different effect to domestic politics, and concentration of legislation and judicature is also the consequence of judicial innovation.The separation of jurisdiction was requested urgently by the development of domestic democracy and the integration of European law, in this situation, the British parliament began to revolution and established package measures to prevent legislative and jurisdiction influence each other. These measures could avoid the legislative of judges in Lords during the trial theoretically but still keep the state of the Lords hold on legislative and jurisdiction.Since the20th century, the British domestic hereditary aristocracy gradually weak, different units led many times for the reform of the lords. When Parliament Act1911and Parliament Act1949enacted in Britain, House of Lords lost all the financial power, and established the power of House of Commons is larger than House of Lords’. According to Life peers Act1958, there would no longer be added to the number of hereditary aristocracy, and decided by its natural demise. It began the canonization of title non-hereditary life peers, so changed the composition of the House of Lords by greatly. House of Lords Act’s most important measure was to abolish the British followed the thousands of hereditary aristocracy, which was the start symbol of the House of Lords stripped of a noble. After Tony Blair’s Labour government, for the lords reform of the judicial power on the domestic political reform in the first place. In2003, the Blair government entitled a consultation document, the consultation document discussed nature, role, composition, size and exit mechanisms of the House of Lords. Constitutional Reform Act2005gave far-reaching impact to Britain.According to the requirement of Constitutional Reform Act2005, the United Kingdom would set up the Supreme Court. If that, House of Lords would no longer hold the power of legislative and judicial. The British political system would be a situation of tripartite confrontation in Parliament, the King and the Government, and the Supreme Court. With jurisdiction stripped, House of Lords’ power was declined and became more democratize.Both Britain and China are traditional country, have their own long judicial tradition and law culture, although belonging to different with the system of constitutional government, but with the continuous development of domestic democracy rule of law, in many of the problems in the reform of similarities. Through the study of the judicial reform process, which can be the next step forward in China’s judicial reform in such aspects as the system construction and the procedure specification provides the certain reference significance.