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Research On Judicial Responsibility System From The Perspective Of Constitution

Posted on:2017-10-06Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2356330485495821Subject:Law
Abstract/Summary:PDF Full Text Request
The meeting of the fourth plenary session of the eighteenth with “the rule of law” as the theme has profound significance for the first time in Chinese history. It put forward the important subject of judicial system reform by convening this session. At the same time, it also has important influence on the judicial practice of officials. Facing the current wrongs in the judicial practice, it is particularly important to reform the Judicial Responsibility System which reflects the phenomenon of constitutional principle and concept can't be incarnated in the process of judicial practice. However, the current provisions of Judicial Responsibility System has limitations that mostly from the perspective of criminal law and procedural law. These cannot have the specification and direct effect on the whole. In view of this situation, it is necessary to analyze and research the Judicial Responsibility System from the new perspective with constitution. We expect to implement the constitution principles and concepts in the judicial practice so as to maintain the authority of constitution and the law.Around the above problems, this paper will start with the origin of Judicial Responsibility System firstly and then expound the concept of judicial system and its constitutionality as well as the constitution background. Secondly, the paper summarizes the crux of problems as the point of current wrong law cases and then settles the related theory from the perspective of constitutional principles. Thirdly, it will analyze the constitutional value of Judicial Responsibility System with embodied in the judicial organs and then summarize the cause of the problems in order to analyze the exiting disadvantages of constitutional system. Finally, the paper will put forward rational suggestions and solutions of current dilemma. Through the implementation of Judicial Responsibility System, it makes the constitution principle and concept embodied in order to promote the construction of socialist country built on the rule of law.
Keywords/Search Tags:Judicial Responsibility System, Judicial Reform, Judicial System, Improve Measures
PDF Full Text Request
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