Research On The Problems And Countermeasures Of The People’s Court For The Operation Mechanism Of Judicial Power

Judicial independence is a symbol of the country under the rule of law formation. There are two basic rules of judicial power operation of China’s people’s Court:one is the people’s courts exercise judicial power independently; two is the judge independence, equality and the exercise of jurisdiction. The judges exercise judicial power independently, without any form of interference, judicial justice, judicial independence is the fundamental requirement. However, due to China’s people’s court within the jurisdiction and administrative jurisdiction of the two should be run independently, without mutual interference power, produces the cross in the process of operation, administrative power has invaded to the trial work, affecting the normal operation of judicial power. However, the current judicial power operation process of people’s Court of China, there are still some problems:such as the people’s Court of the judicial power operation of the main responsibilities do not match, the administrative power of intervention to the normal exercise of jurisdiction. These problems lead to the people’s court in the exercise of judicial power, often occur "reviewers not sentenced, convicted without trial", justice.The eighteen Congress of the Communist Party of China proposed to further deepen the reform of the judicial system, ensure the judicial organs exercising jurisdiction independently according to law. The third, the Fourth Plenary Session of the eighteen further put forward specific requirements for deepening the reform of judicial system, put forward to improve the operational mechanism of judicial power. This paper intends to big background in China put forward and vigorously carry out the reform of judicial system, discusses how to make the judicial power of China’s people’s court is more reasonable and orderly operation, and put forward the path choice and policy suggestions of construction of the people’s Court of the judicial power operating mechanism, provide a reference for the judicial system reform pilot work.In this paper, the theory is mainly composed of six chapters. The first chapter is the introduction, introduces the research background and significance of the improvement of the people’s courts judicial power operating mechanism, and the current research status on this issue; the second chapter is the present situation and problems of the people’s courts judicial power operating mechanism in our country, the connotation of people’s courts judicial power operating mechanism, analysis of the connotation, the people’s Court of justice power operation mechanism, introduces the subject of judicial power in our country by the people’s court and practical operation process, find out the main problems; the third chapter is the judicial responsibility system, to explore the path of construction of the people’s court judicial power operating mechanism should be judicial responsibility system; the fourth chapter is the policy suggestions, put forward a series of related measures should be established and the measures; the sixth chapter is the conclusion of the paper.