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The Judicial Reform:The Problem Of Judicial Localization

Posted on:2019-04-09Degree:MasterType:Thesis
Country:ChinaCandidate:X L CuiFull Text:PDF
GTID:2416330545955331Subject:Law
Abstract/Summary:PDF Full Text Request
In our country,"the local justice" phenomenon:the judicial organs in the exercise of judicial power according to law,local government and interest groups in order to protect local interests by improper intervention and influence on the judicial activities of the judicial organs and the judicial personnel lose independence,the ultimate impact of justice.Such a way of "judicial localization" has not seriously reduced the judicial authority,infringed the social fairness and justice,but also has encouraged corruption,which has challenged the credibility of the judiciary.Under the background of judicial reform,we should seize the opportunity of reform and promote the independence of the judicial organs to exercise their functions and powers according to law.In this paper,"the local justice" as the object of study,and causes my definition of"local justice" is discussed,at the same time from the federal state and other foreign on specific measures and experience to solve the "local justice",on the basis of combining the reality of our country and puts forward relevant measures to solve the "judicial the place of issue.Specifically,this article is divided into the following four parts:The first part of "the local justice of the concept are analyzed,pointed out that" the local justice "is the inherent disadvantages of our judicial system,with local autonomy gradually expanded,a kind of judicial independence the alienation of the specific environment gradually improved under the.Initially,the recognition of "judicial localization" came from the scholars' understanding and analysis of local protectionism.At present,it is closely related to the discussion of judicial system and the heated debate of judicial reform,which is concerned by more and more people.The second part of the macro perspective to explore and excavate the reasons behind the formation of judicial localization.The third part provides a good reference for China's ongoing judicial reform by analyzing the experience of the "dual track" system adopted by the federal system and the design of the judge system in Japan.The fourth part,drawing on the experience of localization of foreign state judicial power,combined with the reality of China,puts forward specific reform ideas to eliminate the phenomenon of judicial localization from the micro perspective.
Keywords/Search Tags:judicial localization, legal system unification, judicial independence, Judicial reform
PDF Full Text Request
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