The Judicial Response To "Prior TO Carry And Try" Policy About The Area Of Comprehensive Reform And Experimentation

"Prior To Carry And Try" of the comprehensive reform pilot area means that the 11 areas of comprehensive reform and experimentation approved and set up by the state take the lead in supporting the test of reform and lawmaking according to the new trend and form of the reform. The implementation of "Prior To Carry And Try" policy can greatly promote the development of local economic and Chinese social transformation. However, the fierce competition will happen to get more benefits and it will take a lot of contradictions and disputes in the process of implementing "Prior To Carry And Try" policy. It will seriously restrict the progress of the reform, if the problems can not be settled reasonably and effectively. Therefore, it is very necessary to study the judicial response to "Prior To Carry And Try" policy to providing relief and security for the reform in law.This paper first studies the basic problems such as the meaning and characteristics of "Prior To Carry And Try" by using the method of literature analysis. Then it summarizes the basic ideas at different stages of judicial response to policy and the basic modes about judicial response to policy by using the method of empirical analysis. Finally, it analyzes the value and limitations of judicial response to "Prior To Carry And Try" policy, and it makes rational construction of judicial response to "Prior To Carry And Try" policy by using the method of value analysis. This paper is divided into four parts:The first part is to account for the related concepts. It analyzes the origin, the meaning and the characteristics for the word of "Prior To Carry And Try". Then it defines the meaning of justice and judicial response to policy.The second part is the empirical analysis about judicial response to policy. Firstly, it makes a research for the basic idea of the judicial response to policy, and summarizes that it should stick to four basic ideas which is to implement the policy, to assist in implementing policy, to implement fully the reform policy and to guarantee fully development for judicial response to policy. Secondly, it studies the basic mode of judicial response to policy, and summarizes that the four basic modes are as the source of law, into judicial interpretation, into judicial documents and the referenced factors of case.The third part is the theoretical analysis about judicial response to "Prior To Carry And Try" policy. Firstly it analyzes the inevitability and rationality of judicial response to "Prior To Carry And Try" policy. Then it analyzes the value and limitation of judicial response to "Prior To Carry And Try" policy.The fourth part is the part of measure in this paper. It makes a rational construction of judicial response to "Prior To Carry And Try" policy. The research of rational construction mainly covers three aspects in this part:the basic principle of judicial response to "Prior To Carry And Try" policy, the setting of procedures and standards for judicial response to "Prior To Carry And Try" policy and the case in response to "Prior To Carry And Try" policy follow system of guiding cases.In all, this paper tries to provide some meaningful suggestions for the practice of judicial response to "Prior To Carry And Try" policy by studying judicial response to "Prior To Carry And Try" policy about the comprehensive reform pilot area. In this way, it can provide judicial guarantee and the support in law. So it can promote the comprehensive reform in law, standard and smooth.