Researching The Relationship Between Law And Power In The Traditional Judiciary

The judiciary traditional have a long and colorful history. It is very great meaning to the traditional society. The traditional judiciary can keep strong vitality in the development history of several thousand years, because it has a stable internal value system, and it has local resources can inherit itself development. The stability of the internal value system is a guide and standardize to the judiciary activity main body of the legal concept and external behavior. "Standard of Power" in our traditional society and the feudal traditional judiciary, always have deeply influence, so there is something wrong with the mechanism balances of power and restraint mechanism. It is right choice for standardizing power running to recognize the nature of power and effective play the control of law. Under the traditional justice law has a characteristics: analysis, that is, law is attached to the power of the monarch. But it also has a certain restriction effect on power. While under the traditional judiciary power has a unitary characteristics. In order to consolidate the dictatorship rule, monarch has the absolute judiciary power. To the power, itself has the characteristics of dilated and monopoly power, the benign operation and law have become an important content of social operation. Laws and power always complement each other, but there are balanceless law and power in the judiciary power. When they are balanceless, it likely to be damage to the judiciary system. So it is necessary to fully study the traditional judiciary balance efforts for power and law, deal with the relationship between power and law. So this article mainly use the four chapters to tell under the traditional justice of legal relationships:The first chapter focuses on the theoretical and practical significance of this study, and study the main train of thought.The second chapter tells about the law, power and the traditional judiciary. Firstly, i ntroduces the overview, characteristics and historic reason of the law, and then introduc es the power part, especially the characteristics of power, mainly including the monarch have supreme power, centralization is power character, and judiciary power and admini strative power part.The last part introduces the traditional judiciary.The third chapter introduces the influence of law and power on the traditional judic iary. First of all, introduces general overview on the traditional social law and power, m ainly including the law and power has experienced three stages under traditional relatio nship, law is dependent and power has a unitary feature. And then introduces the laws a pplicable in the traditional judiciary, finally, The monarch has the absolute judiciary power, privileged stratum and judiciary officer motility’s influences on the judiciary. They reflect the power impact on the traditional judiciary.The fourth chapter tells about traditional justice for the balance of law and power r elations.Firstly introduces the necessity of judiciary balance, and then introduces the tra ditional justice ways for the relationship between law and power balance, finally introdu ced the traditional justice modern meanings for law and power relation balance.