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Research on Judicial Power of Supervision and Restriction of China (Volume 1)

Author: WangJieQiong
Tutor: YaoXianDi
School: Taiyuan University of Science and Technology
Course: Procedural Law
Keywords: Power Jurisdiction Supervision and restriction
CLC: D926
Type: Master's thesis
Year: 2011
Downloads: 593
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Abstract

Power must be supervised and constraints of any one pursues democratic functioning of the basic rules of state power, not the power of supervision and restriction will inevitably lead to corruption. Judicial power is vested with the power of attribute characteristics, so the judicial power must be supervised and constraints. Only the judicial power into an effective mechanism to normal and reasonable operation, they are not the master and the exercise of judicial power to abuse power. Absolute power corrupts absolutely inevitable. Therefore, the judicial power must be carried out supervision and restriction, all the power without oversight and constraints will certainly be abused and lead to judicial tyranny and corruption. Historical experience is worth noting that although our judicial reform has made some achievements, but because of the judicial power of supervision and restriction weakness, judicial corruption can not be effectively curbed. Because of the judicial powers of supervision and restriction ineffective judiciary will be so rampant corruption, abuse of judicial power, the phenomenon will only be used by those in power as sounding. In short, the judicial power of supervision and restriction imperative, the more developed the more modern society, rule of law, which requires more intense. And how to more effectively monitor and restrict judicial power, especially in China is currently in a transitional period, so how to make jurisdiction fair, just run, to reduce corruption and curb corruption purposes, we need a new perspective, and more depth to study how to monitor and restrict judicial power. The first chapter describes the jurisdiction of supervision and restriction related theories. First, the author of China's national conditions and judicial practice, and in order to research the needs of the judicial power will be defined as \Through supervision and restriction on judicial power, the connotation and the consequences of inadequate supervision and restriction analysis, pointing out that jurisdiction necessity of supervision and restriction; Finally, the author of the judicial power of supervision and restriction of theoretical foundation and the advanced experience of foreign countries were collate for the supervision and restriction of the right to judicial reform and perfect the mechanism provides a theoretical guidance. This second chapter of our judicial power of supervision and restriction status and problems are analyzed, China's judicial corruption has become worse, lack the necessary jurisdiction of operation, reasonable and effective supervision and constraints. Currently the party and the government too much power expansion; NPC's supervision system formality; private right itself is not yet formed an effective power of supervision and restriction; \the right to an effective control; press law formulated lag, media monitoring insufficient basis; judicial occupational groups are not fully formed, judicial officials professionalism is not high, not through self-discipline means to ensure the proper operation of the judicial authority. Chapter three jurisdictions in order to ensure the scientific supervision and restriction and effectiveness, the author boldly proposed to build \and restriction system, public opinion and restriction systems and ethical supervision and restriction system. In five of supervision and restriction system, the judicial power will be comprehensive, rational, efficient and scientific oversight and constraints so that the judicial power open, fair and impartial operation, in order to achieve justice.

Research on Judicial Power of Supervision and Restriction of China (Volume 1)

Abstract

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