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The Process of the Court System in China-Comparative Analysis of Three "five-Year Program for the Reform"issued by the Supreme Pepole’s Court

Author: ZhaoXue
Tutor: YangXiang
School: Xiangtan University
Course: Constitutional and Administrative Law
Keywords: Court reform Five - Year Reform Outline Independence of the courts Court reform initiative in Localization
CLC: D926.2
Type: Master's thesis
Year: 2010
Downloads: 242
Quote: 0
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Abstract


Court reform is a major issue in the judicial reform, court reform is both an innovation development, is also a serious challenge, not only because of the importance of the court in the judicial system, but also because it has a direct impact on people's social life. Court reform is good or bad, the pros and cons of the operating mechanism is a key link in the ability to achieve justice, court reform is an issue that we must pay attention to. Recalling the history of the Chinese courts mechanisms can see that China itself is not independent in the modern sense of the court and its mechanisms, but the court was forced to introduce a mechanism under the pressure of Western powers, which doomed the court produce passive , this state is not in line with China's national conditions, is not conducive to the real implementation of the rule of law in our country. So from passive introduction of the reform process of the court to take the initiative to reform the transition from the simple pursuit of Westernization to the Court mechanisms introduced Chinese localization changes have progressive significance. How to grasp the scale of reform progress, the objectives of the reform, reform content is a complex and difficult project in this reform process, full validation of the theoretical full argument and reality. If we can figure out these problems, then the rule of law, judicial impartiality, judicial independence, etc. These, in theory, scholars have repeatedly studied, the reasonable value of the pursuit of the benefits will be implemented, people will get justice, fairness, the people's interests will be truly protected. This is to promote the development of China's social stability and harmony, to bring long-term stability of prosperity for our country. Court mechanisms introduction introduction court mechanisms scratch the history of the development and reform process in China, highlighting the different characteristics of the different periods of the mechanism of the Court throughout ancient and modern history of the process, this article is to emphasize that Court mechanism with China's national conditions, combined with the problem, or the problem called the court mechanism. Then, combined with the Supreme People's Court unveiled three five-year reform outline ① analysis, detailed comparative analysis of court reform and judicial reform before the Supreme People's Court as an opportunity for the introduction of the five-year reform outline action the different emphasis on court reform initiated in court as the main changes in the judicial reform initiative in the reasonableness of such reform to bring about reforms content the comprehensiveness and reform level of positive significance of in-depth, and from within the Court compare three The contact between the \Finally, we discuss the direction of reform and the development of the People's Court, a little hope for the future of the People's Court and the perfect proposal.

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