Research On The Mechanism Of The Judicial Power Of The Intervention

Social life, fairness and justice, such as sunlight, air, the benefit is not felt, the loss of the hard to save. From the overall situation, the reform and opening up 37 years, the progress of social fairness and justice is obvious. Party’s eighteen years, the central to take drastic action to the determination of ills, shigenori disorder, rot will reverse, there will be corruption Su, curb the corruption rising momentum of the spread, get rid of the unspoken rules of popular social corruption, corruption cure to win the initiative. Bo Xilai and other senior officials of corruption cases of public trial, also shows that our party’s "usage of thinking and the rule of law and the way of the rule of law against corruption" in a clear attitude and firm determination.At the same time, due to the long form the inherent in the pattern of interests has not been completely broken, control and supervision of the operation of power system vulnerability has not been fully repaired, anti-corruption and is bound from system and mechanism of. There are some places and some power above on top of the law to infringe upon the interests of the masses; favoritism phenomenon exists in some cases, people is difficult to in a judicial case feel fairness and justice; some law enforcement is not strict, selective enforcement, and some case does not stand, guilty of not investigating, some cases do relationships, human case, the case of money; some acts in violation of the statutory procedures for judicial intervention in handling cases, to intervene in the case specific behavior hinder judicial organs of the judicial power independently exercise, and judicial corruption. These are the legitimate rights and interests of citizens are infringed, and gradually eroded the people’s confidence in the justice and the rule of law. In such a situation, the act of violating the legal procedure to intervene in the case of law enforcement, which hinders the judicial organ to exercise judicial power independently, and breeds judicial corruption. Therefore, to do a good job of anti-corruption work under the new situation, we must further concentrated force, we must vigorously innovation mechanism of anti corruption system, realizing specimen and cure, in order to curb corruption in the interests of the alliance of chronic illness.In this paper, a comparative analysis is made on the method of statistical analysis, logical reasoning and comparative analysis, and the current situation of the game between "judicial power independence" and "improper intervention" is analyzed, and the necessity to curb the "judicial corruption" from the point of view of institutional defects, and then lead to the purpose of improving the system design in order to promote the judicial authorities independently. This article is divided into two lines, the main line is based on the construction of the rule of law China and establish the legal authority, guarantee judicial independence, improve the operation of power mechanism, safeguard the people’s rights are closely linked, from "why he right of judicial intervention-how to intervene in judicial intervention--what are the consequences of judicial construction -- how to eliminate (prevent) his right improper judicial intervention mechanism"; the other is based on the spread of corruption, illegal external intervention is serious, the judicial credibility loss situation, through the eighteen session of the Fourth Plenary Session "in accordance with the constitution, the rule of law" in the East, to the "judicial power is not the independent exercise -- he right of illegal intervention -- institutional defects --judicial corruption remove (prevent)-he right unfair judicial intervention mechanism" as the starting point, from the perspective of institutional defects as the operation mechanism of judicial power to exclude illegal external intervention mechanism and supporting measures for handling demonstration.The full text will be divided into the following four parts:introduction, this part describes the basis and significance of this topic, domestic and foreign research background, research ideas, research methods and steps, the subject of the difficult and innovative points. In the first part, the judicial independence and judicial power independence and judicial independence and judicial power are the differences between the judicial independence and the judicial power. The second part, through the background and the status quo of the illegal intervention in the judicial power of the foreign ministry, pointed out that the power and internal forces in our country should intervene in the judicial power, in what form to intervene in the judicial power, and to reveal the institutional loopholes in the judicial power and the power and the internal power of the Foreign Ministry ". Through the elaboration of the abuse of the judicial power, and the limitation of the practice in the practice of the exclusion of intervention in the construction of the necessity of the exclusion of external illegal intervention mechanism. The third part, through the illegal judicial intervention in the related legal mechanism of reference on the outside of the exclusion, combining with the eighth session of the Fourth Plenary Session of the policies and regulations, under the perspective of the current laws and regulations exclude unfair judicial intervention mechanism in the advantages and difficulties of analysis and the experience of foreign countries are compared analysis. The fourth part, from the perspective of judicial power operation mechanism, the construction of the judicial power mechanism to eliminate the improper intervention.At present, China has entered the judicial reform of deepwater areas and crucial period, deep-rooted contradictions, to eliminate power unfair judicial intervention mechanism and supporting system and measures may also encounter complex challenges, and therefore need a clear understanding, expected and preparation. Therefore not only needs to be full of confidence, also need to careful research and analysis, summarize the past success and failure, actively learn from the experience and lessons learned to projected to now. Therefore, we need to set the common forces of all sectors of society, to abandon concerns, firm determination, a solid step-we choose the rule of law, it is the responsibility of the people to the justice system is not disappointed.