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From The Perspective Of Judicial Independence With Chinese Characteristics On China Assizes System’s Research

Posted on:2016-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y XuFull Text:PDF
GTID:2296330470465633Subject:Foreign political system
Abstract/Summary:PDF Full Text Request
China circuit trial system is based on its national conditions and be set up independently.The highlight is the independence of the judicature and the value of justice. Continue to play the function of the circuit trial system, to expand its positive significance in the practical life, perfecting the system construction is the important measures to promote the construction of the rule of law and the realization of justice.At present, the scholars to research more around the system itself, but this article try to from the perspective of judicial independence with Chinese characteristics to analyze the circuit trial system of our country. From the connection between the circuit trial system with Chinese characteristics and the judicial independence to demonstrate and found that the realistic dilemma of China circuit trial system is due to the lack of judicial independence. The so-called judicial independence is under the leadership of the communist party of china to realize the independence of justice of the trial which including the jurisdiction independence, court independence and judge independence. Therefore, in view of the lack of the independence of these three aspects, this paper argues that to perfect China circuit trial system should from the following aspects: at first, to improve the legal construction and form a unified legal guidelines; Secondly, perfect the court organization construction and form a set of independent court operation system; Thirdly, to optimize the construction of the judge team organization and management system of the judge.
Keywords/Search Tags:circuit, judicial independence with Chinese characteristics, justice, the leadership of the communist party of china
PDF Full Text Request
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