The Research Of Internal Supervision Mechanism Perfecting The Judicial Power

Internal supervision of judicial power is relative to the external supervision, is the court itself. Internal supervision, refers to the subject and supervision object belongs to the same organization or self-discipline mechanism within the system. Accordingly, the internal supervision of jurisdiction include two aspects:one is, the lower courts on supervision;2it is the people’s court in accordance with relevant laws and institutions and their own judicial action of judicial personnel abide by, enforce the law in accordance with the law and handle the case by the supervision. Due to the external supervision mechanism will eventually need to through the internal supervision mechanism play a role. Therefore, we must not ignore from court system internal supervision and restriction mechanism, this article selects the internal supervision system of jurisdiction, comprehensive analysis aimed at court internal supervision system, found the advantages and strengths, points out the shortcomings and the insufficiency. Make full use of existing resources, from the system construction, organization operation, etc, comprehensive, and enables the court’s internal supervision system to adjust measures to local conditions, overall consideration to the maximum effect, ensure the trial run in the sun.It is starting from such a urgent and practical problem, based on empirical research, through the comparative analysis of the real data for developing judicial power outlet of the internal supervision mechanism. On the basis of summarizing the past experience, this paper puts forward feasible ideas. To build a scientific and standardized the jurisdiction of internal supervision mechanism, strengthen the supervision and restriction of judicial power, ensure the trial independence, judicial corruption prevention and cure, promote judicial justice, will play a positive role in promoting.In addition, using the experience of predecessors’ theory on the basis of this thesis, through the empirical research, based on the practice for the jurisdiction over the details of the internal supervision mechanism, and on the basis of comprehensive using the method of system theory, comparative analysis method, the method of dialectical materialism and the method of theory with practice in view of the present judicial power is lack of independence and lack of supervision and restriction mechanism of problem done in-depth research. The full text structure is as follows:The first chapter is "the connotation of internal supervision of jurisdiction restriction and function", from the theory of judicial power, supervision, explaining the meaning of trial independence, and further analyzes the jurisdiction over the necessity of the internal supervision and judicial independence and judicial authority supervision and restriction. Through this chapter can make readers on the internal supervision mechanism of judicial power has a preliminary understanding, introduce below specific internal supervision system laid the foundation of our country’s jurisdiction.The second chapter is "the judicial power of the internal supervision system", the lower court to be subdivided into the superior court trial work of supervision, the supervision of the judicial committee, chief judges, dean of supervision and so on eight aspects, this paper respectively introduced the history and development of various departments, functions and deficiencies. Is another rich theoretical analysis, this chapter contains a by visiting the court, the people of a large number of real materials, the system will clearly the court’s internal supervision system in China is presented in this paper. The third chapter is "the jurisdiction of China internal supervision mechanism defects", a summary of the current our country from six aspects the deficiency of internal supervision mechanism of judicial power. Described in this chapter belongs to the former to the summary of the problems, in this chapter can be found that the urgency of the reform of judicial power internal supervision mechanism, and setting the stage for the sixth chapter puts forward solutions.The forth chapter is "architecture and jurisdiction over the internal supervision mechanism of science to redefine", according to the fifth chapter puts forward the problem, is the development of internal supervision mechanism perfecting the judicial power put forward some ideas and solutions. Based on the actual situation of the court, this chapter puts forward the scheme has strong feasibility and probability.Through the analysis of the full text argument in the end, the main conclusion: jurisdiction is an important part of state power, is our country has been adhering to the principle of judicial trial independence. Judicial reform to increase along with the development of The Times and development, along with the progress of The Times and progress. At present, our country has already entered into improving the socialist market economic system in the new period, the court’s internal supervision mechanism reform must also meet the need of perfecting the socialist market economic system, can play their role. Trial supervision mechanism reform needs unremitting efforts, we have to sort through the study of theoretical reform ideas, through the pilot reform experience at the grass-roots level, and promote each other, both the realization of ultimate judicial authority within the power restriction and balance.