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The Reform and Enhance of the Current Circuit in China

Author: YuShiChun
Tutor: LiaoYongAn
School: Xiangtan University
Course: Legal
Keywords: Assizes Judicial reform Judicial practice Legislative proposals
CLC: D926.2
Type: Master's thesis
Year: 2009
Downloads: 51
Quote: 1
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Abstract


Human progress in the development of society . Laws regulating people's behavior , of course, to be applicable today gives new meaning to the evaluation of judicial behavior patterns , it is necessary to evaluate the legal effect , but also take into account the social effects and political effects ; stressed both litigation justice and procedural stability . Litigation justice and procedural stability is a contradiction of the unity of opposites ; how to achieve a substantial course of justice , at different times , different countries have different trade-offs , the judicial system in the specific legal system . Assizes system as there are different trade-offs of a distinctive judicial system . The Western system of assizes in 1164 Henry II period enacted with the formation and development of the common law of England , gradually matured and norms . Britain, the United States developed in modern times, the modern system of assizes watered down. Our judicial practice as early as in the times of feudal society had reached the pinnacle of our judicial practice until the War of Resistance Against Japan . After the founding of New China , is still followed by our judicial practice and generally applicable to the judicial practice . With the continuous development of China's socialist market economy , the judicial philosophy also will be constantly updated. People in the process of carrying out the reform of the judicial system , there has been a tendency to one-sided emphasis on neutral trial litigation efficiency , stability program , the substance of the concept of fairness and justice to a certain extent been neglected , so that people in the understanding of the system of assizes deviation , some judges of the Court in the judicial practice away from the assizes legislative purposes , improper co- exclusive contracting , the people can not afford to fight a lawsuit corruption , buried when the world of China 's system of assizes advantages to damage the credibility of the court . The 16th Party Congress in 2002 , the requirements of judicial reform the assizes requires grassroots courts vigorously , causing the people to re-examine the system of assizes . Author by looking at a grassroots judicial practice of the Court to analyze the existing problems of China 's current system of assizes , recommendations to reform and improve the system of assizes in China and raised in a timely manner .

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