Study On The Transformation And Development Of Contemporary Judicial Reform In China

Judiciary is the very important foundation for the development of politics,economics as well as culture of our society, also judicial reform is a path that matters to establish, improve and perfect the judicial system. In order to adapt to the development of politics, economics and culture of our society, at the same time, to explore the establishment and improvement of socialist judicial system with Chinese characteristics, this text attempts to study by means of historically analysis, comparatively analysis and law sociologically analysis approaches, on Supreme Court's “Five-year reformational program of the people's court ” from a jurisprudential point of view. This article primarily makes integral comprehension and systematical carding in some aspects like historical background, guiding principle and concrete content of Supreme Court's reformational program. Through the above researches, we can discovery the law of the process of contemporary judicial reform in China, meanwhile grasp its limitations and problems, and then look forward to its development prospects.In addition to the preface and epilogue, this article covers four parts:As the introduction of the article, the first part will carry out vertical and general researches on the basic situation of the judicial reform in contemporary China at the time sequence. After the establishment of The People's Republic of China, especially after the adoption of economic reform and open-market policies, our country had gradually explored to establish the socialist judicial system with Chinese characteristics, by inheriting the outstanding achievements of the traditional legal culture and drawing lessons from the advanced experience in the development of human legal process. In addition to what has been mentioned above, this part also briefly expounds the text selection.The second part which focuses on making a comprehensive scientific research on the following four aspects: historical background, guiding principle, achieving method and inspection of the selected content, finds that with the development of economy, politics and culture of our society, China has gradually moved toward a road of independent judicial reform through the transition of the judicial qualifications, judicial functions, etc.The third part is the key and difficult point of the article. On the basis of the conclusion of the content that analyzed in the second part, it analyzes and summarizes a set of rules and characteristics in the development of judicial reform in China: to realize the professionalization of the judicial qualifications, to realize the transformation of judicial capacity from instrumental to functional, to achieve the compromise between judicial activism and judicial restraint, and to guide the localization of modern judicial system.Based on the analysis and research of the process of judicial reform, there are some issues like illegal conducts, excessive emphasis on judicial democratization, and the zero sum game in the judicial reform existed in the process of judicial reform. The last part puts forward some reasonable suggestions to the problems that mentioned above, moreover forecast and expect the development of China's judicial reform.As economic, politics, and culture developed in China, the construction and perfection of the judicial system is more and more valued by the society. To a certain extent, the reform and development of the judicial working mechanism and the judicial system which directly play an important role in the progress of the development of the whole society, is related to the future and destiny of the country. Therefore from this point of view, it is necessary to clear the understanding of judicial reform. Also, to find the driving force of the reform from judicial system itself is essential. Only in this way will bring new perspectives and directions for the development of China's rule of law.