2014Law reviewRequires access

Ideas,System and Methods of Deepening Judicial Reform

XU Hanmin

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Abstract

The strategic arrangement of comprehensively deepening judicial reform and constructing just authoritative civilized socialist judicial system was made by the Eighteenth CPC Central Committee and the Third Plenary Session of the Eighteenth CPC Central Committee. To thoroughly fulfill it,it is the necessity for moving on the construction of rule of law in China,is the critic facilities to promote the social equity and justice and improve the people's wellbeing,and the reality requirements to keep on the modernization of the state governance system and governance ability. The judicial reform in China experienced three crucial transformations and spanning,from preparation stage to auto-initiated by the Supreme Court and the Supreme Procuratorial,from inner-reform of judiciaries to organized and boosted by central government,and from perfect working mechanism to confirm the judicial system reform.However,major inner problems still exist. For examples,the coordination of the top design,the lack of problemoriented,the time-lag phenomenon of economic social cultural reform,the judiciary problems of localization,administration,low-level of professionalism,the alienated allocation of judiciary power,the weakening of judicial protection of human rights and so on. Therefore,we should emphasize on leading by conception,and make the judicial system reform as a centripetal force. To ensure that the judicial authority and the procuratorial authority are exercised independently and impartially,it is essential to strengthen the specification of the system and build a modern judicial system model. The judicial power mechanism will operate soundly and the system of the judicial protection of human rights will become perfect. As long as we pay attention to the optimization of methods,the effectiveness of the judicial system reform will be enhanced comprehensively.

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The strategic arrangement of comprehensively deepening judicial reform and constructing just authoritative civilized socialist judicial system was made by the Eighteenth CPC Central Committee and the Third Plenary Session of the Eighteenth CPC Central Committee. To thoroughly fulfill it,it is the necessity for moving on the construction of rule of law in China,is the critic facilities to promote the social equity and justice and improve the people's wellbeing,and the reality requirements to keep on the modernization of the state governance system and governance ability. The judicial reform in China experienced three crucial transformations and spanning,from preparation stage to auto-initiated by the Supreme Court and the Supreme Procuratorial,from inner-reform of judiciaries to organized and boosted by central government,and from perfect working mechanism to confirm the judicial system reform.However,major inner problems still exist. For examples,the coordination of the top design,the lack of problemoriented,the time-lag phenomenon of economic social cultural reform,the judiciary problems of localization,administration,low-level of professionalism,the alienated allocation of judiciary power,the weakening of judicial protection of human rights and so on. Therefore,we should emphasize on leading by conception,and make the judicial system reform as a centripetal force. To ensure that the judicial authority and the procuratorial authority are exercised independently and impartially,it is essential to strengthen the specification of the system and build a modern judicial system model. The judicial power mechanism will operate soundly and the system of the judicial protection of human rights will become perfect. As long as we pay attention to the optimization of methods,the effectiveness of the judicial system reform will be enhanced comprehensively.

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Available abstract

The strategic arrangement of comprehensively deepening judicial reform and constructing just authoritative civilized socialist judicial system was made by the Eighteenth CPC Central Committee and the Third Plenary Session of the Eighteenth CPC Central Committee. To thoroughly fulfill it,it is the necessity for moving on the construction of rule of law in China,is the critic facilities to promote the social equity and justice and improve the people's wellbeing,and the reality requirements to keep on the modernization of the state governance system and governance ability. The judicial reform in China experienced three crucial transformations and spanning,from preparation stage to auto-initiated by the Supreme Court and the Supreme Procuratorial,from inner-reform of judiciaries to organized and boosted by central government,and from perfect working mechanism to confirm the judicial system reform.However,major inner problems still exist. For examples,the coordination of the top design,the lack of problemoriented,the time-lag phenomenon of economic social cultural reform,the judiciary problems of localization,administration,low-level of professionalism,the alienated allocation of judiciary power,the weakening of judicial protection of human rights and so on. Therefore,we should emphasize on leading by conception,and make the judicial system reform as a centripetal force. To ensure that the judicial authority and the procuratorial authority are exercised independently and impartially,it is essential to strengthen the specification of the system and build a modern judicial system model. The judicial power mechanism will operate soundly and the system of the judicial protection of human rights will become perfect. As long as we pay attention to the optimization of methods,the effectiveness of the judicial system reform will be enhanced comprehensively.

Key concepts: Judicial reform, Judicial activism, Political science, Modernization theory, Judicial review, Judicial independence, Law, Supreme court

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