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The Modernity Return of the Way of Ma’s Trial

Author: QianZuo
Tutor: HuYaQiu
School: Suzhou University
Course: Legal
Keywords: Temasek five trials Modern judicial The rule of law
CLC: D926.2
Type: Master's thesis
Year: 2010
Downloads: 227
Quote: 0
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Abstract


Premise of growing globalization, China has entered the modern. With the forward pace of modernization of China's rapid economic growth, political and cultural change. In recent years, on the one hand, the legal process continues to accelerate, the rule of law concept deeply rooted, the other hand, a large number of cases of layers of filtering subject to judicial orthodox procedures, neither completely solve social strife, is also becoming less and less people are satisfied with the degree. Shows that a country has only a complete legal system system, much can not be achieved the goal of building of the country under the rule of law, the same cold system of so-called program can not be achieved given the purpose of Mediating Dispute. \It is a set of scientific and complete system of fundamental rights of the people of a country and the state power of the benign structure to construct the practical operation and guardian of life, but also implies conformity to the ideal of the rule of law system. In a sense, the fundamental purpose of the rule of law is the protection of human rights, with the interests of the people most directly, the connection point is civil litigation spy law building from the civil action to contribute to the governance of the good law, in practice, has far-reaching in the moment significance. Cases overwhelming flock Court orthodox system, or the so-called due process to resolve disputes powerless Temasek five \Although once Temasek five trials away from us in the wave of reform in the program, but the spirit of it is the pursuit of truth, rely on the people to facilitate the public's scientific attitude was of great justice approach to peace, and social effects completely resolve disputes practical significance. I believe that Temasek five trials is not opposed to the basic essence of modern litigation system, its in-depth discussion and improvement of modernity has both scientific construct the modern trial system to settle a dispute to solve the real plight of The practical significance also has some of the theoretical value. In this context, I first conduct a comprehensive interpretation of Temasek trial mode, the background and rationality, and that its essence and historical value. Temasek five trials by Hing and doom, reason, and then to analyze the process of its rise and fall that historical limitations, Civil Trial Reform and its flaws. However, not as its decline, its essence can be abandoned, in our modern judicial uneven development of the external environment and internal environment of the judicial modernization drawbacks judicial reality should be calling for the return of Temasek five trial mode. Diversified and modern judicial impartiality are the outcome of the trial advocated the concept of justice for the people as well as the form of trial mode. Of course, we can not transplant it to its transformation. I finally transform from the to simplify proceedings assizes system, improve the jury system, create measures for the convenience and culture of civic awareness, completed five trials Temasek way modern regression.

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CLC: > Political, legal > Legal > Chinese law > Justice system > The court
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