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12-29-2013, 02:10 AM
Judicial independence can be a Chinese legal profession cries of insight is actually the rule of law

Judicial independence is known as a Chinese legal profession cries of insight was the rule of law and social construction bottleneck. The purpose of judicial independence, is definitely a systematic project. From the "separation of powers" fails to match the political realities for the situation in China today, how a amendment inside Criminal Procedure Law highlights "judicial independence" to produce justice principles?

First, improve the party leadership, because of misunderstanding of judicial independence. Men and women Constitution stipulates most of the party leaders, as being the judiciary is likely to accept the party leadership. Local party committees, politicallegal committee often explicitly or implicitly interfere with the judiciary, your skin of your dilemma, the judiciary mustn't be accepted? Accepted this leadership, a definitive violation on the Constitution on "equality before the law" principle, undermine the unity within the courts. Developed within leadership within the Party Constitution is considered the fundamental law of the us, the Constitution reflects the drive within the party fundamental, if the court accepted such wanton interference of local party committee leadership, can it be unconstitutional, it is far from unconstitutional violation of the party leadership? The party leadership throughout the work of justice treatments for anxiety political leadership of the administration of justice and has to not interfere in individual cases, the party will is embodied with the Constitution and laws, to obey and uphold the Party leadership, first is the judiciary must be subordinated into the Constitution and legal, to dare to workout judicial power independently. "CPC Central Committee on Strengthening the Party governance capacitybuilding decisions" clearly states: "to ensure http://ffhs.no/oak.html justice ナイキ フットサルシューズ (http://www.bakerboy.com/images/soccer.html) to your target, and gradually push forward judicial reform, the development of clear rights and responsibilities, mutual coordination and restraint, and efficient operation for the judicial system, such as in all the social fairness and justice that provides legal protection. "Thus, Code of Criminal Procedure need to be the law of criminal procedure expressly to shield judicial independence, freed from any external interference, to create justice.

Secondly, as per the above thinking, the proposed amendments with the Penal Code so as to add an independent "crime of interfering for the period of justice", of the powers to affect judicial independence, undermine the justice from the acts, as serious crimes, need to be punished, highlighting the judicial independence and dignity. Same time amendments towards the Criminal Procedure Law, the increase in the attached legal provisions. The old criminal law "dereliction of duty", although clearly investigate abuse of power, dereliction of duty, leak state secrets, favoritism, Xunqingwangfa other crimes, using judicial practice is sometimes ignored, neglected, ignored the power to interfere pursue justice. The old Criminal Procedure Law for the protection of judicial independence, it's actually a legislative blind. Create a "crime of interfering in the midst of justice" to hinder judicial independence however external factors that deter law and legal sanctions, it is actually highly necessary.

Again, the proposed addition inside the criminal law "contempt" and implement the Code of Criminal Procedure. Western attention of judicial time, often for contempt of court or defamation through accused. Berman said, "The law only faith if you wish effectively to comply." Now more http://www.quickval.com/images/airmax.html and others the result for retrial, the implementation from a legally effective decision difficult, having access to force outlawed of the case to another, one important reason could be their lack of rely upon the administration of justice. resist implementation.

Moral standards of citizens directly affected the media rule of law degree, and merely real rule of law in society will probably have people expect justice and social justice. With the low moral standards of society, consumers are not at all times advocating the moral and legal, really the only advocate of power, relationships and your money trading. It's not only threatening and undermining the proceedings and substantive justice, and a serious threat and destruction with the judicial order the ones faith with the law. Belief through the law, recognition judgments, while the only jurisdiction the equal protection for the rights associated with citizen along with the state social order for the supreme power. This can be a political civilization, is often a legal concept, as well as a civic and moral qualities.

Harmonious society is not the absolute reduction of social harmony and conflict, but several social conflicts through legal channels is often fair and reasonable solution. Social justice, there might be no true social harmony. And justice is social justice often is the last threshold. This threshold, not wantonly trample elite, the press won't grandstanding, citizens have a responsibility to workout selfdiscipline.