Research On Judicial Delocalization

"The independence of the judiciary to exercise judicial power and the right of inspection,subject only to the law" is the most western countries for legal position of judiciary in the national power system,the judicial organs to exercise judicial power independently,subject only to the law,to maintain a high degree of independence of judicial power,the western countries for this attitude is based on justice.The "three powers" under the consideration of decentralization and balance."The independence of the judiciary to exercise judicial power and professorial power,without any administrative organs,social organizations and individuals to interfere" embodies the principle and spirit of the constitution of our country,but in the place of justice,the principle and the spirit are not reflected in our judicial practice,but the judicial organs the independence,impartiality and authority gradually lost.The so-called judicial localization,generally speaking,is the local judicial organs under the improper influence of various external factors and the formation of judicial local protectionism.In our country's actual judicial activities of these external factors are mainly from the local Party committee,National People's Congress and the government,the three kinds of external forces to the local judicial authorities clamped deep,great harm,interference,such interference,clamping and harm often always reflected in the case of judicial activities,and ultimately makes the local judicial authorities and local interests "collaboration",collude together,the local judicial authorities become the spokesperson and umbrella of local interests.The majority of people hate society.Therefore,we need to solve the localization of justice,to ensure the independence of the judiciary,strengthen the credibility of the judiciary.With a new round of reform of the judicial system in full swing,not only clear justice to the place "is one of the two major goals of this reform,and many innovative reform initiatives and the implementation of the judicial practice are also proposed.Accordingly,the author separately from the historical origin,the local justice of our country forms and harm,"the necessity and possibility to place",to the place of the difficulties and solutions of the three aspects of the progressive layers,interlocking,to fit with the spirit of reform and judicial system gist.At the same time,this paper focuses on mainly analysis of China's judicial reform measures specific to the place of the lack of the local judicial organs property,subject to local jurisdiction and administrative jurisdiction and judicial supervision mechanism completely overlap as a starting point,analysis of various academic and judicial circles are proposed to solve these problems path.Research and Analysis on these paths in the new round of reform of the judicial system in the background,to select suitable for China's national conditions,completely solve the problem of local local judicial organs of our country's long-standing reform plan from,finally let the local judicial authorities to get rid of the local interference control,adhere to the judicial independent character,improve the credibility of the judiciary,really do justice for the people.