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The Perfect Path Of Judicial Democracy In China

Posted on:2016-12-25Degree:MasterType:Thesis
Country:ChinaCandidate:X YuFull Text:PDF
GTID:2296330470954342Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Along with the improvement of judicial professionalization, many scholars believe thatjustice should not be to promote the judicial democratization; the responsibility of the court isindependent to defend the constitution and the law. However, most people abandoned the judicialdemocracy, judiciary become mysterious and high above. In this paper, the exercise of power to goagainst the fundamental of the people, and the judicial bureaucratic phenomena occurring in thepower system is emphasized; and also discusses why the judicial credibility is at stake, and theauthority of law is becoming challenged. The fourth plenary session of the party’s18point out that"the authority of the law support comes from people’s heart and the sincere faith." This paper focusedon that the judicial how to get satisfaction with the common people, and how to promote the judicialindependence and justice, also analyzed that the people’s participation in judicial, and how toperfect the relevant legal system to ensure the mass of people enjoy their rights of information,participation and supervision in the process.The judicial democracy is on the basis of popular sovereignty, and guides the judicial powerrunning smoothly in the legal construction process, citizens participate in the judicial process legally,and then the characteristic of democracy judicial and theory system can firmly established. We can’tignore the perfection of the judicial democracy, because the constitution of legal system in socialistcountry needs judicial democracy build a bridge between the public and the judge. Only the will ofthe people respected and express through legally channels, the judicial work will receive supportand socialist legal construction will get great process. This paper based on the current judicialreform, discussed that how to realize social fairness and justice principle in China, and alsodiscussed that how to establish and perfect the judicial system of conforms to realize the socialequity and justice.
Keywords/Search Tags:judiciary, democracy, judicial democracy, judicial democratization
PDF Full Text Request
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