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Study On The Problems And Prevention Countermeasures Of Judicial Corruption Of Our Country

Posted on:2018-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:F ZhangFull Text:PDF
GTID:2346330518498347Subject:Law theory
Abstract/Summary:PDF Full Text Request
The rule of law is one of the governing party led the people basic strategy,is an important guarantee of national security for a long time.With the increasing of social public legal consciousness,our country is walking in the way of the socialist rule of law society.But as the anti-corruption strength increasing,in recent years in the field of judicial corruption is becoming more and more exposed,and had serious trend.Justice as the final "gate" in maintaining social fairness and justice,for the maintenance of social order and national governance has a very important role,and judicial corruption is a "choppy" the river like a collision with the last line of the "gate",accelerate the people lost faith in law,cause the body lose self-repair and immune ability,eventually hinder the all-round development of society and progress.Therefore,accelerate the comprehensive control of judicial corruption and for implementing the rule of law and reshape the social and legal belief,enhance the judicial authority and judicial credibility,maintain the state power and social stability is of great significance.Anti judicial corruption should be based on long-term,adhere to the "education,system,supervision," a three dimensional model,adhere to the guiding principle of "punishment is the standard and the defense is the foundation",focus on the establishment of sound system,judicial corruption in the bud.In this paper,the establishment and improvement of comprehensive prevention and control measures as the starting point,to further study the prevention of judicial corruption in China.Based on the overview of judicial corruption,this paper reveals the harm of judicial corruption,analyzes the causes of judicial corruption,and puts forward the comprehensive prevention and control measures of judicial corruption.The first part discusses the basic problems of corruption and judicial corruption,clarify the concept of judicial corruption,judicial corruption,the main body and behavior;Secondly,it makes a legal analysis on the legitimacy of judicial power in order to clarify the essence of judicial corruption.The second part through the current data on judicial corruption are analyzed,and through the analysis of the typical case of judicial corruption column type and summarizes the characteristics of judicial corruption,to provide support for the proposed judicial corruption prevention countermeasures.Secondly,it analyzes the harm of judicial corruption.The judicial justice,judicial corruption and destroyed the deterioration of environment;shake the damage to the party's ruling foundation,the image of the party and government;legal basis,shake the damage to the dignity of law;the increase of social and economic development costs;the judicial staff corrosion of ideals and beliefs.The third part analyzes the causes of judicial corruption.The author points out that the judicial corruption is deeply influenced by Chinese traditional thought.Judicial independence,judicial openness and judicial personnel quality construction of the three aspects of the judicial system is also an important reason for judicial corruption.The adverse factors in the social transformation and the lack of supervision and restriction of judicial power strong but aggravate judicial corruption,finally pointed out that the legal system is not perfect enough to prevent the judicial corruption is an important reason for judicial corruption.The fourth part is based on the comprehensive prevention measures,and puts forward the Countermeasures of judicial corruption prevention and control.First of all,to enhance and cultivate national rights awareness and legal belief,from the thought to eradicate judicial corruption soil to survive,to create a good legal environment,in order to curb the abuse of judicial power,so as to eliminate judicial corruption.Secondly,through the reasonable definition of the power relationship between the judiciary and the relevant subjects,the reform of the current judicial organization and operation system,the implementation of the reform of the judicial system;Third,to promote the implementation and improvement of professional supervision,strengthen and improve the public's judicial supervision,and promote the improvement of judicial supervision system;Fourth,strengthen anti-corruption legislation,improve the internal punishment mechanism of judicial organs,so as to establish and improve the legal system of preventing and punishing judicial corruption;Finally,the integration of anti-corruption institutions to establish a special anti-corruption forces and to carry out the anti-corruption campaign.Through the establishment and improvement of the above measures,with a view to fundamentally curb the generation of judicial corruption,so as to prevent judicial corruption.
Keywords/Search Tags:Judicial corruption, judicial justice, the system construction, system, prevention and cure
PDF Full Text Request
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