Research On The Problems In The Regulation Of Leading Cadres Interfering Judicial Activities

The issue that leading cadres intervene in judicial activities has a long history. It does not only pervert the independence of justice, but also affect the establishment of our law-based society. The regulation of the intervention of judicial activities by leaders is imminent. "Provisions on recording, reporting and accountability of leading cadres interfering judicial activities and taking part in specific cases" issued recently by the CPC Central Committee and the State Council leads to a heated topic and great concern in the legal profession. The "Provision" proposes that all the leaders who interfere in judicial activities should be held accountable. Nevertheless, this system is not proposed suddenly. Investigating into its origin, the registration system established by the Supreme People’s Court is the premise and prototype of the intervention responsibility system, and the intervention responsibility system is the improvement and supplement of the registration system. However, there is no comprehensive system that can guarantee the regulation of leaders interfering judicial activities in our country so far. It is just a simple theoretical support. From this perspective, there is a necessarity that we analyze this "Provision" in theory, explore and ensure the implementation of the system in practice.In view of this, I carried out my thesis on the theoretical basis of the "Provision" and studied the related problems concerning the regulation of leaders interfering judicial activities, particularly the harm of leaders interfering judicial activities, the current situation as well as the reasons, and the correlative strategies adopted. Furthermore, I put forward my own views and suggestions after dissecting the problems and deficiencies in the "Provision". The dissertation discussed the problems of interfering judicial activities by leaders and was divided into three parts despite of the introduction and the conclusion.The first part is the analysis and discussion on the basic problems of interfering judicial activities by leading cadres. That is the clarification of the concept and theory foundation of the regulation of leaders interfering judicial activities. Considering the comprehension and requirement of the academic group on the regulation of leaders interfering judicial activities, as well as characteristics of the regulation problems in social practice, the problems are elaborated from several basic aspects such as the concept, characteristics and importance of the regulation of leaders interfering judicial activities.The second part is the analysis on the status and the reasons of the regulation of leaders interfering judicial activities. There is solid theoretical foundation and social background in the long lasting problems of judicial activities interfered by leaders, and the ways to regulate are also varied. The focus of this paper is on analyzing the current situation of the regulation of leading cadres meddling judicial activities from the legislation and judicature respects. In addition, the reasons leading to the problems in the regulation are also discussed, including the imperfection of the judicial system, the weak consciousness about rule of law by the leading cadres and the low awareness about rights by the citizens.The third part talks about the proposed solutions to the problems raised in this paper. Specifically, the ways and suggestions to solve the problems in the regulation of leaders interfering judicial activities.