Dissertation > Political, legal > Legal > Chinese law > Justice system

On the authority of the judicial

Author GuoZuo
Tutor BianJianLin
School China University of Political Science
Course Procedural Law
Keywords Authority Judicial authority Value Generate Reform proposals
CLC D926
Type Master's thesis
Year 2009
Downloads 198
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The judicial authority is a very important issue in the study of the theory of Justice, is also a problem in China's judicial practice, hinder the process of judicial reform a problem. In recent years, many scholars have put forward a number of important reference value for the point of view in theoretical research and practical to build. Overall, of the academic study of this issue is still in its infancy, the study also is not deep enough and the outcome is relatively homogeneous and fragmented. Therefore, the discourse of this paper is trying to proceed from the authority of the meaning of the philosophical and sociological point of view, preliminary to elucidate the inherent meaning of the judicial authority, the value of theoretical issues and judicial authority in China to establish to make some suggestions. This article is divided into four chapters: the first chapter of the meaning and structure of the judicial authority. This chapter mainly based on the authority of the meaning of philosophy and sociology, trying to clarify the inherent nature of the authority thus clear judicial authority connotation, performance, structural and other related issues, to provide the basic theoretical support for the full text of lay. I believe that: the authority of the party from exercising the power and the other to obey the unified external coercive power and prestige inherent with people obey the unified. Obey the authority to be an important symbol of obedience, authority can be divided into positive authority negative authority. Accordingly, the judicial authority is the unity of the operation of the judicial power field in the formation of external coercive power of the judicial and the people of the inner obedience. If obedience is voluntary and sincere, that is, the formation of active judicial authority; obedience is formed as a result of the coercive power lead to the inner fears, that is, negative judicial authority. This is both interrelated and together constitute the full significance of the judicial authority. The structure of the judicial authority is authoritative legal rules and principles of the judicial body, judicial procedures and scenarios, and the administration of justice, and other factors influence each other, constituted by the interaction of principles and methods as a whole. The judicial authority through the various elements of the past and intertwined, indivisible organism posed by the interaction to be realized and extended. (It should be noted that this article only from a narrow angle to define the judicial administration of justice refers to the specialized activities of the People's Court in accordance with statutory powers and procedures based on facts applicable law, handling litigation cases.) For the value of the judicial authority. The value of the judicial authority, namely the necessity for the modern rule of law and the importance of judicial authority. Firstly, judicial constitutional review and administrative trial functions of the power constraints, therefore, we must establish the authority of the judiciary in order to achieve the objectives and requirements of the modern rule of law, separation of powers and checks and balances. Second, the dispute resolution function of the judicial requirements of justice must be authoritative judicial authority is an important guarantee of fixed points only fight, reconcile conflicts. Again, the ultimate justice the justice must be authoritative. The finality of the administration of justice only authority able to get the parties and the community trust and obey in order to play the final barrier to protect people's rights and ensuring law implementation. Finally, the mandatory judicial authority of the judicial interaction, complementary dynamic relationship. Judicial Mandatory important factor is essential for the formation of judicial authority, judicial authority is mandatory fully embodies. Chapter III to generate the basis of the judicial authority. Judicial authority and natural does not automatically generate must be established on the basis of certain First of all, the judicial body should be independent, which is a necessary condition for the formation of judicial authority, including the Judiciary that the Court's independence and the independence of judges. Second, judicial impartiality. Justice is a barometer that reflects the judicial authority, is to determine whether the key to establish a judicial authority. Once again, the judiciary should have the ultimate sexual, which is an important guarantee of judicial authority to achieve. Finally, the administration of justice should have the executive power. The administration of justice is the exercise of jurisdiction is the ultimate expression of judicial authority; the administration of justice is to have executive power, but also directly affect the authority of the judiciary can be achieved. The fourth chapter is to set up China's judicial authority of some suggestions. Judicial authority in our country is facing a serious lack of adverse conditions, in addition to rule people, no treatment method \Therefore, in this chapter, I try to think on the irrational system of judicial authority and make recommendations accordingly: change the functioning of the judiciary administration and local phenomenon, to ensure the independence of the judicial organization; the implementation of the system of the independence of judges and improve its protection mechanism reform and improvement of the procedure for trial supervision, maintenance of ultimate justice; explore the implementation of institutional reforms to ensure the administration of justice strictly, such as canceling the case examination and approval system to streamline its number on the basis of improving the overall quality of the judicial officers, the implementation of the tenure of judges; implementation.

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