On The Optimization Of Judicial Power Structure Between The Central And Local Governments

Since the end of 1970 s, China has entered a new era of reform and opening-up. As the reform picked up its pace, the relations between central and local government attracted the attention of the academic circles and plenty of the relating research achievements were published. The comprehensive promotion of rule by law has been put forward in the third and fourth plenary session of 18 th CPC Central Committee. Needless to say,there are still many problems in the legal construction in our country. For example, the system and mechanism to ensure the independence and impartiality of the judiciary are not fully established. Although there are a lot of studies on judicial power and judicial reform, the results of the research on the relationship between central and local governments and the structure of the judicial power are still relatively less. Therefore, it is of great significance to improve the research on the structure of the judicial power in the relationship between central and local governments.In addition to the introduction and conclusion, the main body of this paper consists of four parts.With the starts of the evolution of the judicial power structure in the relationship between the central and local governments in contemporary China, the first part analyzes and explores the changes of the judicial power structure in the relationship between central and local governments with the change of time. This paper expounds the changes of the judicial power structure from three aspects: the traditional judicial power structure, the reform of the traditional judicial power structure and the optimization of the judicial power structure since the reform and opening up. The contents of China’s judicial reform in recent years are more abundant and complete, from the distribution of local judicial power to the standardization of the use of judicial power, from the improvement of the management of the judiciary to enhancing the judicial process of meaning. Since the third plenary session of 18 th CPC Central Committee,the construction of the society with rule of law is the direction of development in the future. Under the leadership of the Party Central Committee, China’s judicial system reform has been further deepened, and is under constant adjustment and improvement. In the distribution of power, they have broke the original distribution of judicial power, developed more perfect laws and regulations, and further regulated the use of judicial power. At the same time, they strengthened the management of the judicial contingent, increased transparency, and were more strict with the judicial process, so that the public can really see the judicial fairness and openness, and feel that the justice is established to protect the masses. The reform of the judicial system can also make people feel the superiority of the socialist system and improve their sense of identity for socialism. Subsequently, the Decision of the CPC Central Committee made it clear that they were to carry out a comprehensive planning in the judicial system reform, set up different stages of the reform, and carry out the reform step by step in a planned way.The second part mainly analyzes the problems existing in the judicial power structure in the relationship between central and local government. Through carding and discussion on the judicial structure of the relationship between the central and local governments in contemporary China, it can be found that there are still some problems and drawbacks in the process of rapid development. The original highly centralized management mode, which has profound influence on the judicial power in our country, cannot be eradicated in a short time, so it has caused the emergence of all kinds of problems.Regarding the unitary state and federal state as the main objects, the third part mainly introduces the structure of judicial power in the relations between the central and local governments abroad. In this part, it analyses the judicial power of the unitary state and federal state, also summarizes the useful experience in resolving the relations between central and local governments of the judicial power structure and discusses how to learn and absorb the essence on the basis of identifying its relevance and effectiveness in the process of judicial reform in China.Guided by the definitive decisions made in the 18 th CPC National Congress, the Third and Fourth Plenary Session of the 18 th Central Committee, the fourth part mainly elaborates national conditions of China and puts forward the plans and reform strategies which could optimize the structures of central and local governments.In conclusion, taking time as the dividing point, this thesis analyzes the evolution and the variation tendencies of the relations between the central and local judicial power structure in contemporary China. The analysis is mainly carried out from the perspectives of the traditional structure, its reform and optimizing of judicial power after the reform and opening-up policy. Also, the thesis discusses the problems existing in judicial power structure in the relations between central and local governments in contemporary China and introduces the characteristics and enlightenments of the judicial power structures abroad.At last, according to the actual situations of China, the thesis puts forward the relevant solutions to improve the structure of the judicial power in the relations between the central and local government.