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Program the value of research in the administration of justice

Author: LiShiFeng
Tutor: ZhengYongLiu
School: China University of Political Science
Course: Legal
Keywords: The proceedings Judicial procedure Program value
CLC: D926
Type: Master's thesis
Year: 2009
Downloads: 101
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Abstract


Proceedings are an important part of the legal origin of the modern rule of law, the Western developed capitalist countries have long discovered the value of the proceedings, many people familiar with the legal proverb reflects the profound value of the proceedings, such as \The person can not become judges hearing their cases \To the modern theory of \The administration of justice in the program (hereinafter referred to as: the judicial process) is an important part of the legal proceedings, and directly reflects the proceedings value. With the deepening of the process of our country the rule of law, the value of the proceedings are increasingly perceived by people, attention, respect, and the writings of the proceedings in legal circles have sprung up in the judiciary on the discussion of the judicial process in depth. However, because our country is a substantive law tradition of a strong country, the rule of law is still in its infancy, the value of the proceedings is not really perceived by people, to ignore the value of the phenomenon of judicial proceedings also appear from time to time in judicial practice. The first part briefly introduces the concept, characteristics and classification of the judicial process, the judicial proceedings, including the judicial process, relationships, and the principle point of view, expounded the views of the entity of the judicial process, and the judicial process is divided into the entities of the judicial process and procedures The judicial procedures were compared and analyzed. Laid a solid theoretical foundation for the later discussion of Followed in the second part, from recent years in our country caused widespread attention and heated discussions, \missing issues, and the problems described. The third part focuses on the reasons for the lack of the value of China's judicial process. In the analysis of the causes of lack of legal culture, weak rule of law, the administration of justice, imperfect procedural legislation, legal and occupational groups are not uniform for several reasons, and they discussed. In the fourth part of the paper discusses the impact of the lack of judicial proceedings, and pointed out the lack of the value of the judicial process, resulting in difficult to guarantee judicial fairness of the trial, and severely hampered the establishment of the value of our legal proceedings, a fundamental cause of legal independence The value status is unstable, difficult to play the role of law, the legal bearer of social values ??is difficult to form and implement, will eventually hinder the national development strategy of the rule of law the rule of law in China, is not conducive to the building of a harmonious socialist society. Based on the analysis of the causes and effects of lack of judicial proceedings, the fifth part of this article of the views and recommendations for the reconstruction of the value of China's judicial process, trying to offer advice and suggestions for the establishment and growth of the value of China's judicial process, promote the value for the Chinese legal process drum up support. Five-point proposal put forward in this part of the universal culture of the rule of law, the firm rule of law in the direction of promoting the program rational, improve the judicial system, to strengthen legal education. In the end, the full text of the summary, restatement of the author's point of view: the lack of the value of the judicial process actually carry forward the bottleneck for the value of our legal proceedings; proceedings in value not Chang is indeed the biggest obstacle to the rule of law run. Concluded Yujian people-oriented, respect for human rights and harmonious community must Hing rule of law, For Hing rule of law must be re legal proceedings, and Yu Jian proceedings will Hing value of judicial proceedings.

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