Discussing The Judicial Localization And Overcoming

With the 18th CPC National Congress and the fourth plenary session held successfully, the reform of the judicial system has been put on the agenda, which has aroused wide attention from all walks of life. The reform of the judicial system of China has experienced wavy and spiral process, and also went through from partial reform with sticks to comprehensive reform with the different departments and regions.These transformation has accelerate the construction of rule of law in the process. At present, the academic circles have two distinct judgment on the localization:Some people argue that it challenges the authority of the judiciary, which leads to the unfairness of the judicial trial. The others agrees with the judicial localization, which is one social phenomenon that is beneficial to local economy. Soit neednot be changed by a wide range of large-scale.This paper argues that judicial localization is consistent with local protectionism intraditional sense. It refers that jurisdiction is controlled as one tool by local states to acquire benefits which deprives the value of independent judgment from the procuratorate and the court, and it is called a "off-law" phenomenon. Therefore, to return to nature, realize the judicial independence, we must first remove the justice localization. The essence of judicial independenceand the localization are two contrarydirection.The localization has seriously hindered the exercise of judicial independence,and will further damage the judicial justice and judicial authority which cause social turbulence easily. Localization place through the filing, trial, execution of the whole process, sostudying the the cause of judicial localization the fundamental work to put forward the solution of this problem.This paper is divided into five parts. The first part introduces the meaning and characteristics of the local justice. The first section defines the connotation of administration of justice and judicial power that justice is to resolve disputes by the state laws and regulations in specifically specialized activities, and judicial power is stipulated by the China special judicial authority without interference from other functional departments of power. The second section introduces the attribute of the judicial power. The third section makes a brief exposition of the definition of the justice localization by studying the different views in the academic circles. Secondly, this paper introduces the characteristics of judicial localization, including the judicial localization in the accepting process and the performance of the process. The second part summarizes the local justice of the formation history, through the research on the development of the local judicial germination, historical inevitability of its existence, and reasonable side and which parts should be gotten rid of. The third part introduces the harm of judicial localization and its performance. Judicial localization caused serious damages on the independence of judicial power. The local judicial organs become the tool to grab the interests, so that it is difficult to achieve justice. The fourth part is that our country has been in the exploration and made positive efforts, and fit the proposed system in the Third Plenary Session of the 18th CPC National Congress which is the establishment and administrative divisions of appropriate separation of judicial jurisdiction system. The fifth part is the essence of this paper, by the means of drawing lessons from the foreign judicial system on the removal of judicial localization, we can analyze the historical process of China’s reform, sum up experience, find out the problems. Take Shanghai, the pilot city of new round reform, as an example, we put emphasis on the analysis of and progress and improvement of the pilot work comparing with the pastjudicialmode.Judicial localization is a common problem in the world. Taking the United States and the United Kingdom as examples, the paper also discusses the corresponding ways to solve the judicial localization in foreign countries, and draws the inspiration from China’s national conditions. Finally, it points out the possible ways to solve the problem of judicial localization in various aspects, such as organization, system, law, cultural tradition and judges’ quality. Through the research of the judicial localization and the top reform,we can pave the way for judicial fairness of the people’s courts and the people’s procuratorate, so as to ensure the judicial authority, to realize the rule of law of China.