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On The Principle Of Judicial Final Adjudication

Posted on:2018-03-10Degree:MasterType:Thesis
Country:ChinaCandidate:G Q JiFull Text:PDF
GTID:2346330542959145Subject:Law
Abstract/Summary:PDF Full Text Request
Judicial reform involves judicial justice and the role of the judiciary.After the reform and opening up,the work of our judiciary gradually on the right track,the Constitution and the Constitution of the Constitution and other basic laws for the status and composition of the judiciary made a more detailed provisions.But the status of the judiciary in China has not yet promoted to the proper location,judicial authority is not outstanding,lack of credibility and other issues are still to be resolved to solve the problem.The establishment of the authority of the judiciary depends on the judicial authorities to have the final decision on the case,which led to the principle of judicial final award.One of the basic principles of the principle of judicial final award is that the judiciary has the ultimate and final power to decide on the case of its own judgment,and its decisions can not be changed without legal procedures and conditions.Only the judiciary in accordance with the provisions of the law to make the decision with the final legal effect in order to better implement the provisions of the law,but also to reflect the judiciary is the nature of the relief agencies.This paper is divided into four sections,the introduction of the judicial final ruling principle in theory and practice of significance.Clarifying the meaning of the principle,for us from the overall grasp of this system has a prerequisite role.In the introduction,we also analyze the research and understanding of this principle in our academic circles,and clarify the main methods of this study.The first chapter recognizes this principle from the perspective of the historical development of the principle of final rule of judicial decision in the western rule of law.Civil law and Anglo-American law system in the judiciary's organization and procedures,there are some differences,but one of the common thing is the role of the judiciary has a more clear understanding of the principle of judicial final ruling more fully The The development history of the two legal systems has some reference for us to perfect our system.Combined with foreign situation,this paper also examines the development of thefinal ruling principle of our judiciary.The second chapter deconstrates the concrete content of the principle of judicial final ruling by decisively the highest degree,the finality of procedure and the thoroughness of judgment.Judgment is the highest,the last and the most thorough way of resolving disputes,relative to other kinds of decisions.It is also because of this feature of the principle of judicial final award,making it the most fundamental judicial principle of representing the judicial status and characterizing the judicial authority.To a certain extent,the rule of law is the rule of law,only the establishment of the judicial referee principle of the status,in order to truly punish the dispute,the case ended.The third chapter analyzes the meaning of the principle of judicial final ruling,the emergence and development of the principle of judicial final decision must have its special role,in general,the meaning of the principle of judicial final ruling,including the promotion of the rule of law,to enhance the status and role of the court and For the judiciary to achieve the rights protection have a very prominent role.On the basis of this part,we can analyze the shortcomings of our judiciary in practicing this principle.The fourth chapter examines the existing problems of judicial final ruling and then puts forward the perfect path.Obstacles to the practice of judicial final ruling from the practice of our country include the existence of factors that are not conducive to the principle of final ruling of the judiciary.There are some factors in the realization of the right remedy in the case of filing,factor.In the analysis of these unfavorable factors under the premise of the proposed solutions to these issues.Through the analysis on the above,with a view to the promotion of China's judicial reform and the functions of the judiciary to provide useful guidance.
Keywords/Search Tags:justice, judiciary, rights protection, ultimate principle
PDF Full Text Request
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