Research On The Judicial Function Of The State Governance System

Since the reform and opening up, the China’s political reform and economic reform makes great achievements. Accordingly, with social conflicts becoming increasingly prominent, the rapid economic development has been continuing strengthen the social awareness of the public so that the simplification management model has been unable to meet the development needs."CPC Central Committee on Some Major Issues Concerning Comprehensively Deepening the Reform" in the party’s eighteen Third Plenary Session considered and adopted the proposed "national governance systems and governance modernization" concept, which means that the governance model would reformed from a single country management model to the pluralistic governance. During the reforming period, how to improve the governance system to achieve national capability to become modernization management problems need to be solved.According to the Eighth session of the Fourth Plenary Session, the Legal System Construction of Chinese socialist characteristics promote the modernization of national governance, indicating that the rule of law-oriented state governance system is the future direction of the development, the judicial power management function embodies the spirit of the rule of law, also realized the key points of the rule of law. the study of jurisdiction functional orientation in national governance system is particularly important, it relates to the realization of the modernization of national governance.The term "jurisdiction" from the earliest theory of separation of powers proposed by Montesquieu our jurisdiction in the law does not clearly defined. However it defines the concept of each judicial division of responsibilities. The study of jurisdiction priority is to study functional system of judicial power. Using the Judicial power to solve social conflicts are the most original and basic function. Moreover there are many other features and constraints derived from it(i.e. protecting the rights of power, oriented social orientation). Since the founding of the construction of democracy and the rule of continuous development and progress, the functional system of judicial power is constantly improving. Depending on national policies in different periods, functional orientation of judicial power is changing. China is in the process of "management" to "governance". To accurately locate the judicial power function will need the fully understanding of a system. Before China’s reforming and opening, the judicial power was become the tool of class struggle that the main function it to maintain social stability. After the reform and opening up of China, the focus shifted to economic construction, the main function of the judicial power was transformed into economic development escort. Due to various factors, the judicial which cannot be exercised independently power has been affected by other state power. Stepping into eighteen session of the national people’s congress, gradually transition from management to governance mode and change of national policy such jurisdiction functionality will revolutionize the study of judicial power functions relocated under the new circumstances.Before reforming, judicial functions mainly located in the class struggle, under the class struggle, the human rights cannot be truly protected. With the new situation, human rights is becoming a national topic of common concern. Judicial functions should be used in terms of the protection of human rights and individual rights. After the reform and opening up, the economic construction is vigorously enhancing the country, judicial functions positioned for economic development escort, it may lose equity and justice to some extent. The justice system is the inherent requirement of governance, and the inherent requirements of justice. Under the new situation, the judicial power function is to locate in fairness and justice. The five development concept of innovation, coordination, green, open, sharing were put forward during the recent meeting of eighteenth session of the Fifth Plenary Session.Jurisdiction function should be located in development concept. On the one hand it would promote judicial function itself with the system development, on the other hand, it would promoting the development of the country and society.At present, China is in the process of modernization of governance early stages and there were many practical difficulties in terms of re-positioning capabilities jurisdiction. Governance modernization process in the presence of multi-subject rule by the rule of law and lack of a low degree of dilemma, which is the background of the plight of jurisdiction functional orientation generated its own authority there are still difficulties and the plight of the exercise. The Difficulty of repositioning requires us to accelerate the process of modernization of national governance, and constantly improve the governance system of pluralism and the rule of law, and to establish a judicial authority to ensure that the exercise of judicial power functions in the process smoothly.