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Research On The Independent System Of Trial In China

Posted on:2017-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:X T LiuFull Text:PDF
GTID:2296330485959208Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In the development of society, the rule of law is the most effective way of development, is directly related to the establishment of a good social order and social stability development. Especially in modern society, promote the rule of law as an important link in the whole process of the current social development in our country, our country not only from the legislative level to promote the construction of the rule of law, but also promote the rule of law from the judicial practice, give play to the important role of the rule of law effectively. Eventually need to reflect the rule of law construction in the judgment of the actual activity, although in the legislation in our country, has been clear about the system of judge independence, also played a certain effect. However, the problems existing in the system of trial independence in our country is also very obvious, results in a difficult to separate, this not only affect the impartiality of the trial, but also hindered the process of the construction of the rule of law in our country. In this regard, the independent system of judicial system as the research object, after the introduction of the independent system, the focus of the trial of the system of independent trial operation of the existing problems and reasons, and then put forward the corresponding countermeasures, in order to better improve China’s judicial independence system construction, improve the judicial independence system in our country.The to our judicial independence system as the research object, mainly from four aspects launched a specific research, respectively as the theoretical introduction part, problems and analyzing the reasons, at this stage of judicial reform in the trial independent, put forward some countermeasures. In the part of theory, this paper mainly expounds the judicial independence system, introduces the concept, content, legal value and practical significance of judicial independence, and provides theoretical basis for the research work in this paper; In the part of the problem and reason analysis, it mainly analyzes the problems and reasons of judicial independence in our country. Among them, the existing problems are reflected in the trial is difficult to achieve independence, in the analysis of the reasons for the problem, this paper focuses on the external causes, internal causes of these aspects of the specific analysis; The third part mainly from the present stage of China’s reform of the judicial system in four aspects of plate and contents of the reform is expounded, and analysis the pros and cons of each sector reform, the implementation of existing problems and put forward the corresponding solutions; In the part of the proposed measures, combined with the contents of the third part of the judicial reform to put forward specific proposals to strengthen the reform of China’s judicial independence in the application and operation of the system.
Keywords/Search Tags:Independence of trial and decision, Judicial independence, Judicial reform
PDF Full Text Request
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