Legal Thinking On Optimizing The Allocation Of Judicial Power

The judicial power allocation is undoubtedly a necessary core system for a country to establish a society ruled by law.In recent years,China has always been conducting the judicial reform.The so-called judicial reform mainly adjusts the relations between the authority and other subjects of right,such as the relation between judicial authority and the National People's Congress(NPC),the relation between judicial authority and government,the relation among different judicial authorities and the internal relation in a judicial authority.It can be asserted that the unclear relations between judicial authority and other subjects of right and a judicial authority's unclear limits of powers are the main causes for China's current numerous judicial issues.At the 17 th National Convention,the CCP proposed “deepening the reform of judicial system,optimizing the judicial power allocation,standardizing judicial acts,building a just,efficient and authoritative socialist judicial system to ensure that the adjudication organ and procuratorial organ can independently exert the judicial power and procuratorial power according to law,and strengthening the construction of political and judicial team so that it can enforce law in a strict,just and civilized way”.At the third plenary session of the 18 th central committee,the CCP proposed “perfecting the operating mechanism of judicial power,optimizing the judicial power allocation,improving the mechanism of division of labor with individual responsibility,mutual coordination and mutual restriction of judicial power,and enhancing and standardizing the legal and social supervision over judicial activities”.At the fourth plenary session of the 18 th central committee,the CCP proposed “optimizing the judicial power allocation”and clearly stated the next area for reform,such as“improving the judicial system and carrying forward the accelerated separation between judicial power and enforcement power and other pilot projects”.The above-mentioned reform proposals not only have created necessary conditions for optimizing the judicial power allocation and comprehensively and deeply reforming the judicial system,but also have pointed out the road for further development.All of these are of important significance for raising the speed in improving the socialist judicial system,increasing and pushing the national modernization paces and building “China ruled by law” more quickly.This paper consists of five parts.Chapter I is mainly about the research on the basic theory of optimal allocation of judicial power and the definition and explanation of judicial power and allocation of judicial power,and specifically expounds the concept and property of judicial power,the analysis on relevant concepts and the historical evolution course of judicial power allocation in China.In Chapter II,the author mainly discusses the necessity to optimizeChina's judicial power allocation,specifically including the current situation of powers in China,and puts forward the reasons for optimizing the judicial power.The current situation involves problems in the current situation of internal allocation of judicial power,current situation of external allocation of judicial power and current situation of allocation of judicial power.Chapter III mainly introduces the current situations of allocation of judicial power in main overseas law countries,including the civil law system and common law system,and finds out the enlightenment from them.This chapter chiefly involves the French allocation of judicial power,German allocation of judicial power,British allocation of judicial power,American allocation of judicial power and Japanese allocation of judicial power.Chapter IV describes the value goals and basic principles of optimal allocation of judicial power in China and they are the core thought and soul of the optimal allocation of judicial power in China.Besides,this chapter concretely analyzes the value goals and basic principles of optimal allocation of judicial power in China.We should adhere to the value goals of fairness,justice and assurance of human rights and efficiency and consider ruling by law,independent supervision and judicial authority as the basic principles.Chapter V is the key part of the paper,namely,the specific measures for optimal allocation of judicial power in China.Besides,this chapter puts forward multiple measures for optimizing the judicial power,including the measure for optimal allocation of judicial power of superior and subordinate authorities,setting up circuit courts,promoting the uniform management of people,property and materials of local courts and procuratorates at lower-provincial levels,measure for optimal allocation of judicial power of organs at the same level and the measure for internal optimal allocation of judicial power of judicial organizations.