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Research On Trial Jurisdiction System Of Cross-Administrative Divisions In China

Posted on:2016-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:B WuFull Text:PDF
GTID:2296330503476809Subject:Law
Abstract/Summary:PDF Full Text Request
One of the core content of the reform is the trial jurisdiction system’s reform. Under the framework of the existing judicial system, the distribution of the court in manpower and material aspects, together with the infrastructure construction etc. are subject to the local authority by large extent, this pattern is not only detrimental for resolving disputes, but also cannot balance the burden of the cases in the each court, so the parties’appropriate rights be protected appropriately, what is more, such a pattern caused judicature cannot be independent in real sense and justice. Only in the way of thoroughly applying the whole process of establishing and perfecting the cross-administrative divisions of trial jurisdiction system, which put forward by the《Decision of the Central Committee of the Communist Party of China on Some Major Issues Concerning Comprehensively Deepening the Reform)) in the 3rd Plenary Session of 18th CPC Central Committee, together with《Decision of the Central Committee of the Communist Party of China on Some Major Issues Concerning Comprehensively Advancing the Rule of Law)) in the 4th Plenary Session of 18th CPC Central Committee, and 《the 4th 5year Reform program of the people’s court (2014-2018)》 can ameliorate the above phenomenon. In this way, the judicial localization can not only be restrained on a greater extent, but also the judicial independence and judicial justice can be ensured. In this paper, according to the current trial jurisdiction system in China, the author made a study and analysis of the current trial jurisdiction system in China, and proposed concrete principles and methods of establishing the cross-administrative divisions of trial jurisdiction system, and also hoping that the administrative intervention and other improper interventions can be prevented from the system of judicature, so that the function of litigation can be well played, thereby the court’s independence and impartiality of the trial can be ensured.
Keywords/Search Tags:Cross-administrative divisions, Trial jurisdiction system, Independence of jurisdiction, Impartiality of jurisdiction
PDF Full Text Request
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