The Judicial Division System Research In China

The setting and reform of the judicial system are based on its own special national conditions,and to reflect its follow the concept of the rule of law and the judicial principle.Since the 15th session of the National People's Congress,the rule of law,the construction socialism country under the rule of law,have risen from ideas for governing the practice.To realize the goal of the socialist rule of law,the third plenary session of the 18th,the main task of the reform of the judicial system is determined,and in the fourth plenary session of the 18 through a comprehensive review some countermeasures of deepening the reform of the people's court,in order to through the reform of the judicial system gradually achieve judicial justice,ensuring the exercise judicial power independently,and improve the judicial credibility.With appropriate separation of the judicial administrative division division system is a perspective of the judicial system reform,the judicial localization,the town government in current judicial practice,and many other obstacles to be within the power of the judicial system reform.Therefore,we need to clarify the current at the same time in the model the experience outside of the rule of law environment,original adjustment of the judicial system.Aiming at the existing theory of judicial districts in the absence of legal norms in judicial practice and judicial districts and the height of the administrative division overlapping phenomenon,has hit a system in the reform of the physique,but still perfect.This article from the following four aspects to our country judicial division structure theory analysis and practice summary,by reflecting on the existing system flaw,thus explores our country judicial division structure optimization path.This paper on the related theories of our country's judicial division system problems were analyzed.By the method of semantic interpretation,a clear definition of the concept of judicial districts,judicial division structure,and analysis of the constituent elements of the judicial division system,at the same time,the theory of judicial division system theory differences to generalize contrast.At present,there are specific judicial division system reform in our country,system practice,on the basis of above,this article further with appropriate separation of the judicial administrative division to analyze theoretical connotation,extension and value system.In the judicial practice,judicial division structure exists in our country area and administrative region highly overlapping objective phenomenon,for judicial reform in our country has made policies to deal with this kind of phenomenon,namely the appropriate separation and administrative division,and this article will analysis of necessity and feasibility of "appropriate separation",at the same time to realize separation"appropriate" is also the advantages and disadvantages coexist.At present,our country judicial division system reform has begun,but the separation of"administrative divisions and appropriate judicial division structure adjustment scheme since commissioning,after the judicial practice of inspection,also has many disadvantages.This article from case-hearing level system,the jurisdiction system,supervision system and the implementation of National People's Congress space four aspects about the judicial division system reform in the practice process,and further put forward the system optimization path.Finally,through summarizing outside experience,the development of local experience and the system design,perfect supporting system,further deepening the reform of the judicial division system.As the court of the United Kingdom,the United States set pattern were analyzed,and summarized the useful experiences of local resources,system design,the last of the judiciary of retrieval and management of the judicial organs of the elite selection to discuss,to perfect the system of judicial districts facilities.