On The Independent Exercising Of Jurisdiction From The Perspective Of The Rule Of Law In China

The independent exercising of jurisdiction stems from the independent of judicial power principle.Its connotation goes through the court’s independence and the judge’s independence.The judicial system of China is a socialist system with Chinese characteristics,it is based on the direction of Marx doctrine and the regime of the People’s congress system.Despite the fact that China has incorporated part of judicial system under the political system of trias politica in western countries into its judicial system,there are significant differences in their attributes and forms.Our socialist judicial system is formed with Chinese characteristics under the People’s congress system.With regard to the relationship between the People’s congress and their judicial authority,the People’s congress is at the top of whole system of state power,and is the source of power administrated by the judicial authority.In regard to the relationship between the judicial authorities,they are of parallel legal positions while independent of each other.The Communist Party of China(CPC)is the leading core of the construction of socialism with Chinese characteristics,leads and promotes the realization of the independent exercising of jurisdiction.Since the Reform and Opening,The CPC has been devoting itself to promoting the reform of the judicial system by designing top-level systems.Especially in the third and the fourth Plenary Sessions of the 18 th CPC Central Committee,the CPC come up with some measures to increase the independence of jurisdiction,from the standpoint of construction of rule of law in China.These measures consists of the following four aspects: confirm the organization that is qualified to exercise the jurisdiction;get the jurisdiction rid of the administrative influence,localization influence and political influence.In reality,our judicial system fails to fit the construction of rule of law in China,which reflects in the insufficient independence of jurisdiction.The jurisdiction is restricted by many obstacles.This essay classifies these obstacles into five kinds: the localization of judicial power;the administration of trial operation management;the non-specialization of judges;the imperfect supervisory system and the insufficient construction of the independent guarantee system of jurisdiction.To make the independent exercising of jurisdiction come true in China,this essay holds the opinion that we should not only study and learn the experience from western countries but also regard the CPC’s policies as directions.The CPC plays an important leading role in the trail work in China,which is the most significant characteristic in the exercise of jurisdiction.This essay holds the opinion that the independent of jurisdiction has no conflict with the lead of PCP.Actually,the two have a lot in common when it comes to their value pursuits.In reality,the phenomenon that the CPC interferes the independence of jurisdiction really exits,which requires us to take measures to avoid the interfere.Besides,global view is a must when we take measures to promote the independent of jurisdiction.In order to get rid of those obstacles and make the jurisdiction really independent,the followings measures are recommended: make all kinds of relations clearly to realize the independence of the judicial power;refine the forms of the CPC’s lead in trial work;implement the independent position of the judicial organs which has already been confirmed in the Constitution;refine supervisions from the People’s congress;perfect judge selection system;perfect the system of supervision by public opinion.