Study Of Public Problems Of The Vice Dossier Of Court

Our country put forward the slogan of "reform of the judicial public" has for many years, the domestic and foreign research on judicial public problems have also been everywhere, it has reached a relatively mature degree. However, researchers are few just about the court vice dossier problem.In our daily life, the existence of vice dossier system,not only brings the judicial activities convenience,but also causes many problems.In the judicial practice in our country, there are still being many court trial operated by supervisor leadership for instructions "black box",and the phenomenon such as improper intervention in the judicial,destroy the justice of judicature and authority. However, the existence of vice dossier system, formed a huge "umbrella",and will cover up the behavior thoroughly. Therefore, vice dossier system problem is derived by the people. In addition, the third Plenary Session of the 18 th CPC Central Committee and the "two sessions" era meaning for "justice" in public system in China.In the period which "justice" is pushed the history in public in China, we should discover the illness of vice dossier system, and carry on the reasonable transformation.It helps to ensure that the judicial really run in the sun, and promote judicial run social effect.Vice dossier system has existed since there is caused by many negative effect of cases.Viewed the judicial practice from recent years,through exposing the curtain of vice dossier in Chongqing fuling trial activities,which is called "best letter", "Shanxi 5mine land and resources bureau" case, Taiyuan"demolition forced death of the Fudan university’s father" case and so on.In these cases, the “letter”exchanged between different organs became the main force to sentence.Although many justice of court does not acknowledge the “letter” influenced them,additionally,they seem to emphasize they are really fair to judge.In our judicial practice,however, there are quite a few “letters” are included into the content vice dossier.Therefore,vice dossier has became the the best land of "letter",which provided the best space for growing corruption of power."Zhou Cheng case",in Benxi, Liaoning province became the typical cases of the vice dossier interventing the judicial organs,at the same time, when the vice dossier of the case is exposed from the China Youth Daily,it was widely disputed: the case through leadership for instructions, the collegial panel reviewing, judicial committee to discuss,however,these should be independently link yet the superior leadership and other organs of the improper intervention,eventually lead to making the wrong decision and damaging the legitimate rights and interests of the parties Zhou Cheng. Therefore,vice dossier system provides an opportunity to intervent the judicial for other judicial organs activities,lead to the the judicial activities become a kind of form, only to lose the meaning of dispute will check for.If we want to eliminate vice dossier on the fundamental part, we must through on the way of putting the vice dossier publicly,putting it under the "sunshine",accepting the supervision of the masses, in order to rectify the judicial intervention in time and just provide a system guarantee for judicial organs exercising their respective powers. Opening the vice dossier, of course,is not easy,it also have to deal with two predicaments including the theory predicament and the practice predicament in the opening procedure,only if deal with the two groups of the struggling, and combination them,can fundamentally eliminate the obstruct of vice dossier, finally meet the ending of vice dossier opening.On vice dossier’s specific practice,dueing to the lack of related laws and regulations to vice dossier, the legislation on the blank also became one of the biggest problems when I was writing this paper.In view of this situation,this paper puts forward an ideal blueprint,trying to "eliminate the obstruct of vice dossier public disorder", "establish the vice dossier open object difference system", "build the regulations of the vice dossier public" three angles, open to vice dossier operating mechanism to conduct a comprehensive idea,provides the solution,for the implementation of the vice dossier public created some reference.At the present stage of China has entered a historical transition of legal construction,under the background of judicial reform,the court’s vice dossier public problem has attracted me deeply. Although in the existing literature, study of vice dossier system in addition to a few article reports and network, almost at the blank stage, at the same time, foreign countries does not have this system. However,this legislation blank strongly encouraged myself for the wholeness of vice dossier system research in detail. At the same time,I also hope to fill the blank of vice dossier study and provide some reference opinions, so as to perfect our country’s legislation,make the judicial system can be more fair and efficient.In addition, I also took part in some of the BBS of the judicial reform and lectures,these bring me an interest to the judicial public problem. Above all variety of reasons, led myself into complete the thesis writing.