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Legal Analysis: 1. Characteristics of the judiciary.

Independence: In terms of organizational technology, the judiciary only obeys the law and is not subject to interference from higher authorities and administrative organs.

Passivity: The initiation of judicial proceedings and the scope of adjudication should be premised on the parties' appeals.

Negotiability: All parties participate in and argue with each other.

Universality: the most common dispute resolution method, the main subject of dispute resolution.

Finality: The court's adjudication activities are final and stupid.

The procuratorate's decision not to prosecute will take effect as soon as it is made, and the litigation will be brought to an end, which is also a manifestation of finality.

2. The function of the judiciary.

Functions: Settle disputes, achieve fairness, faith, justice, the last line of defense, correct justice, etc.

Practical functions, including: the judiciary has a direct function of resolving disputes. The function of judicial dispute settlement in China should be extended to the extent that the case is concluded, emphasizing the substantive effect.

Indirect functions such as regulating social relations, interpreting and supplementing laws, forming public policies, maintaining order, and supporting culture.

Legal basis: Constitution of the People's Republic of China

Article 128:The people's courts of the People's Republic of China are the adjudication organs of the state.

Article 134: The People's Procuratorate of the People's Republic of China is the State's legal supervision organ.

Article 140: People's courts, people's procuratorates, and public security organs handling criminal cases shall divide labor and responsibility, cooperate with each other, and restrain each other, so as to ensure accurate and effective enforcement of the law.

Legal Analysis: 1. Passivity. Based on the principle of "not suing and ignoring", it is not necessary to actively intervene because of the request of the parties, which is manifested in the initiation of procedures, the scope of judicial adjudication, and the application of law.

2. Neutrality. The impartiality of the courts and judges towards their parties is also a reflection of the common law principle of "you cannot be your own judge". 3. Exclusivity.

The exercise of judicial power and the subject of its exercise must be a specific minority of persons in a specific judicial organ, which means that their rights cannot be delegated and that a person who has not undergone professional training cannot serve as a judge. 4. Non-obedience. It means that the lower and lower courts are independent of each other, and the process of making decisions is separated.

5. Finality. The judicial power is the final judgment, the most authoritative judgment.

Legal basis: Provisions of the Supreme People's Court on Judicial Interpretation

Article 7: The Supreme People's Court and the Supreme People's Procuratorate's efforts to jointly draft judicial interpretations shall be handled in accordance with the provisions of law and the opinions reached by both parties through consultation.

Article 8: The Research Office of the Supreme People's Court is the unified responsibility of the Research Office of the Supreme People's Court.

Legal Analysis: 1. Judicial passivity: The executive power is active in operation, while the judicial power is passive.

2. Judicial neutrality: The executive power has a tendency, while the judicial power requires absolute neutrality. Judicial neutrality means that the courts and the attitude of judges are not influenced by any factors.

3. The formality of the judiciary: the administrative power pays more attention to the substance of the power result, while the judicial power pays more attention to the formality of the power process, that is, the procedural nature of the power.

4. Judicial exclusivity: The administrative power is delegatory, while the judicial power is exclusive. Hand Royal.

5. The finality of the judiciary: the administrative effect is not final, but the effectiveness of the judicial power is ultimate. The judicial power is the final and most authoritative judgment. It is a typical feature of judicial power.

6. Judicial negotiation: The operation mode of administrative power is non-negotiative. The negotiating nature of the way the judicial power operates, that is, the tripartite defense of the prosecution, the defense, and the trial.

7. Non-obedience of the judiciary: There is a hierarchy of obedience to the administrative power, and the management relationship of the judicial power is non-subordination, and taking the law as the criterion is the essential embodiment of the judiciary.

8. Judicial fairness priority: The value orientation of administrative power is to give priority to efficiency, and the value orientation of judicial power is to give priority to fairness.

Legal basis: Civil Code of the People's Republic of China

Article 1: This Law is drafted on the basis of the Constitution so as to protect the lawful rights and interests of civil entities, to adjust civil relations, to preserve social and economic order, to meet the requirements of the development of socialism with Chinese characteristics, and to carry forward the Core Socialist Values.

Article 2: The Civil Law regulates the personal and property relations between natural persons, legal persons, and unincorporated organizations that are equal subjects.

Justice, also known as "application of law" or "application of law", refers to the special activities of the national judicial organs in accordance with their statutory powers and procedures to specifically apply the law to the world to handle various cases. Its main features are:

1) The passivity of the judiciary. The executive power is active in its operation, while the judicial power is passive. The exercise of executive power has always been proactive in intervening in people's social activities and personal lives.

However, the judicial power is based on the principle of "not suing and ignoring", and it does not actively intervene unless it is requested by the prosecution or the prosecution.

2) Judicial neutrality. When the executive power is confronted with various social contradictions, its attitude is distinctly sensitive to sensitivity, while the judicial power is neutral. Judicial neutrality means that the attitude of the court and judges is not affected by other factors, including **, political parties, **, etc., at least in the process of judging individual cases, and should not be affected by these non-legal factors.

and 3) the formality of justice. The executive power pays more attention to the substance of the results of power, while the judicial power pays more attention to the formality of the power process.

4) Judicial exclusivity. The executive power is delegatory, and the judicial power is exclusive and cannot be delegated, unless the prosecution or prosecution refers the matter to another organization, such as an arbitration institution.

5) The ultimateness of justice. The validity of the executive power is non-final, while the validity of the judicial power is final. The ultimateness of the judicial bridge difference power means that it is the final judgment power, the most authoritative judgment power.