A Study On Legal Protection Of People’s Court De-administration

As we know, we now have the initial framework of socialist legal system based on a long historical change. However, the law alone is not enough, a harmony formation of legal society need not only scientific and perfect legal system, but also need a overall good judicial operation environment. With the rapid development of market economy, the judicial operation environment changes so much that hard to avoid going out of the principle of the judicial. In response to the request of the ages, we have conducted several times judicial reform already. In the new round of judicial reform, the administration of the judicatory, especially about the count is the focus of the reform. The administration of the judicatory means “The jurisdiction which lose it’s independence、neutrality、passivity、openness and finality, turn out to have highly dependency and strong affinity and initiative of administration. The administration of the judicatory of the count is that both the system and the operation mechanism of the count is the same way as the administrative organ. The judicial power can’t supply effective restriction, even become the client of executive power which deviated from the principle of the judicial, distorted the judicial rule, detract from the regulating function to society by the law. During the social transformation, according to the economy、culture and politics, the administration of the judicatory been growing faster.In the first year of the Judicial reform 2014, the party and the state has been taken an judicial reform measures, mean to rectify the trend of judicial security administration, trying to clean up the overall judicial operation environment, recovering the independence and neutrality、passivity of the judicial. Against the background, to make theory and practice of translation for the administration of the judicatory. Combing the theory 、 the current situation and the restriction method of de-administration of judicatory,through the research of theory and the current politics and the analysis of systems of specific court, to make sure the specific factor of the de-administration of judicatory, exploring the method of de-administration of judicatory, and hoping to propose clear and detailed system innovation and rationalization proposal about the de-administration of judicatory.