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A Study On Chinese Grassroots Judicial Process

Posted on:2020-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:W ZhouFull Text:PDF
GTID:2416330572466707Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In recent years,judicial power has been received a lot of attention.Various legal principles and concepts have gradually become tools for people to understand Chinese society and government in their daily life.The public pay attention to the function of judicial power in the social structure.However,the theory is relatively short of systematic discussion and research.Therefore,it is necessary to introduce the research method of the judicial process.The unique feature of the judicial process is the method.The theory is pay attention to the judicial proceeding rather than the system setting.The judicial process and the judicial system have overlap,they also have distinction.At the same time,judicial process is the real process of the judicial power.This paper selected L county grassroots court as the object of analysis,so as to make a detailed analysis of the judicial process method.First of all,the theory makes a specific analysis of the management system and practice of the trial court,which is divided into three parts: the management of trial judge,the formation of trial civil judicial organization and lawyer.The whole judicial process needs a brief introduction of participants in the judicial process.Secondly,the basic process of civil trial should be introduced.The basic procedure of the civil trial not only needs to be carried out according to the law,but also has unwritten regulations and implementation details.We can also understand how did the judge deal with the interference factors that encountered by the civil trial.Finally,we take the civil trial as an example to analyze the legal thinking of trial judge.The judge's legal thinking is the guarantee of judgment stability.In the actual trail of civil cases,it is necessary for a judge to confirm the facts and apply the law.To a large extent,the method of fact-finding and law application are of great significance to the specific adjudication.In the study of judicial process,it is necessary to grasp the correspondence and differences between the reality and the system.The analysis of judicial process will provide reference and direction guidance for the future theoretical research.
Keywords/Search Tags:Judicial Process, Grassroots Judicial, Court Management, Trial Process, Judicial Thinking
PDF Full Text Request
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