Deepening the Reform of the Judicial System How to Establish Judicial Authority

Legal Analysis: Section 1.

First, there are a total of 48 reform measures to ensure judicial impartiality and enhance judicial credibility. Priorities include advancing the trial-centered reform of the litigation system, reforming the system for accepting court cases, exploring the establishment of a system for procuratorial organs to initiate public interest litigation, implementing a system of lifelong responsibility for the quality of case handling and a system of accountability for back-checking responsibility for wrongful cases, and improving the system of people's assessors and people's supervisors. Clause.

Second, there are a total of 18 reform measures in strengthening the people's concept of the rule of law and advancing the construction of a rule of law society. Emphasis includes developing the theory of socialist rule of law with Chinese characteristics, including rule of law education in the national education system and the creation of spiritual civilization, improving mechanisms for rewarding law-abiding creditworthiness and punishment mechanisms for illegal and untrustworthy conduct, advancing the establishment of a public legal services system, building institutional systems that have a major role in preserving the interests of the public, and improving diversified dispute resolution mechanisms. Clause.

Third, in terms of strengthening the construction of the rule of law work team, a total of 18 reform measures have been taken. The focus includes improving the system for admitting to the legal profession, accelerating the establishment of a system for the management of rule of law personnel that is in line with the characteristics of the profession, establishing a system for the selection of judges and procurators at different levels, completing mechanisms for two-way exchanges and mutual employment of personnel from rule of law work departments and legal education and research institutions, and deepening the reform of the lawyer management system.

Legal basis: "Implementation Plan for Further Deepening the Reform of the Judicial System and Social System Decided by the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China" Among the 190 major reform measures proposed by the Fourth Plenary Session of the Central Committee, there are 84 items related to further deepening the reform of the judicial system and social system, which are mainly reflected in three aspects: First, there are 48 reform measures in ensuring judicial fairness and improving judicial credibility.

Priorities include advancing the trial-centered reform of the litigation system, reforming the system for accepting court cases, exploring the establishment of a system for procuratorial organs to initiate public interest litigation, implementing a system of lifelong responsibility for the quality of case handling and a system of accountability for back-checking responsibility for wrongful cases, and improving the system of people's assessors and people's supervisors. Second, there are a total of 18 reform measures in strengthening the people's concept of the rule of law and advancing the construction of a rule of law society. Emphasis includes developing the theory of socialist rule of law with Chinese characteristics, including rule of law education in the national education system and the creation of spiritual civilization, improving mechanisms for rewarding law-abiding creditworthiness and punishment mechanisms for illegal and untrustworthy conduct, advancing the establishment of a public legal services system, building institutional systems that have a major role in preserving the interests of the public, and improving diversified dispute resolution mechanisms.

Third, in terms of strengthening the construction of the rule of law work team, a total of 18 reform measures have been taken. The focus includes improving the system for admitting to the legal profession, accelerating the establishment of a system for the management of rule of law personnel that is in line with the characteristics of the profession, establishing a system for the selection of judges and procurators at different levels, completing mechanisms for two-way exchanges and mutual employment of personnel from rule of law work departments and legal education and research institutions, and deepening the reform of the lawyer management system.

Legal analysis: To promote social fairness and justice and promote the construction of the rule of law in China, the reform of the judicial system is the "most important". Over the past 40 years of reform and opening up, under the strong leadership of the People's Republic of China, we have closely combined our own national conditions, responded to social needs in a timely manner, and reasonably learned from international experience, so that China's judicial system reform has gradually and progressed with the times, and successfully embarked on a road of judicial system reform with Chinese characteristics and in line with judicial laws, which has effectively promoted the development and improvement of the socialist judicial system with Chinese characteristics, and made solid steps in comprehensively governing the country according to law.

Legal basis: After the promulgation of the Constitution of the People's Republic of China, it was renamed the Ministry of Justice of the People's Republic of China. The functions and tasks of the judicial-administrative organs are mainly as follows:

supervise and guide the work of enforcing criminal punishments and reforming convicts in prisons across the country, and supervise and guide the work of re-education through labor throughout the country; Formulate and organize the implementation of a national plan for legal publicity and education and popularization of legal knowledge, guide and inspect the work of governing according to law in all regions and industries, guide the work of publicizing the legal system to the outside world, and manage legal newspapers and periodicals; supervise and guide the work of lawyers and legal advisers nationwide, and manage social legal service institutions and foreign (overseas) lawyer institutions established in China; supervise and guide the activities of notary institutions and notary businesses nationwide, and be responsible for entrusting lawyers from Hong Kong and Macao to handle notary affairs for use in the Mainland; directing the work of people's mediation and judicial assistants throughout the country; The higher political and legal schools directly under the Ministry of Management guide the work of secondary and higher legal education and legal theory research across the country; Organize and participate in United Nations conferences and activities in the field of crime prevention, undertake the business of relevant United Nations counterparts, organize and participate in international legal seminars and exchange activities on human rights issues, and carry out legal exchanges and cooperation between Zen drafts; Participate in the negotiation of mutual legal assistance agreements with foreign countries, and be responsible for matters related to the implementation of international judicial assistance agreements; Participate in national legislative work and organize research on human rights issues in the field of justice; supervise the preservation and enhancement of the value of state-owned assets in large prisons and re-education through labor facilities, and manage the state-owned assets of directly subordinate units; Guide the construction of the ranks and ideological and political work of the judicial administrative system throughout the country, and assist leading cadres of provincial, autonomous region, and directly governed municipality departments (bureaus) in the management of judicial departments.

Ensure the independent and impartial exercise of adjudication and procuratorial powers in accordance with law.

1. The historical background of reform and opening up.

At the end of the 70s of the 20th century, China's economy was facing difficulties and must adopt a new path of development;

In December 1978, the Third Plenary Session of the 11th Central Committee of the Communist Party of China (CPC) announced reform and opening up, paving the way for China's modernization.

Second, the content and measures of reform.

Rural reform: household contract responsibility system and land contract system;

Qianjin Village Pilot: Villager autonomy and development of village-run enterprises;

Opening up: the introduction of foreign investment and economic cooperation with Hong Kong and Macao.

3. Achievements and impact of reforms.

Economic: GDP increased from 364.9 billion yuan in 1978 to one trillion yuan in 2020;

Social level: people's living standards and welfare have been continuously improved, and the social security system has been gradually improved;

Political level: The political system has been continuously improved, and the power restraint mechanism has been strengthened.

Fourth, the current and future direction of reform.

deepen supply-side structural reform and promote high-quality economic development;

promote the reform of state-owned enterprises and industries with excess capacity, and achieve transformation and upgrading;

Promote the reform of the household registration system and realize the free movement of population.

5. Summary and outlook.

Over the past 40 years of reform and opening up, we have made great achievements in development;

In the future, it is necessary to continue to deepen reform, remove obstacles, resolve contradictions, promote scientific and technological and cultural innovation, promote modernization, and realize the great rejuvenation of the Chinese nation.

Sixth, the key tasks of deepening reform.

Reform the national governance system and functions to provide a strong institutional guarantee for new problems and challenges in reform and development;

Further breakthroughs should be made in market-oriented reforms, especially to implement measures such as territorial management and classification and classification, and accelerate the reform of market access and supervision;

Promote the construction of ecological civilization, implement the protection and restoration of important ecosystems, pollution prevention and control, and ecological civilization education, and ensure the unity of high-quality economic development and sustainable environmental development.

7. Difficult issues in deepening reform. Sun Zheng.

the impact of the transformation and upgrading of traditional industries on personnel turnover and employment;

To establish a modern enterprise system, it is necessary to overcome the multiple contradictions in the nature of the company, the division of property rights, the preservation and appreciation of assets, and the stability of finances and workers in the process of reform of state-owned enterprises.

In carrying out the reform of the rule of law, it is necessary to strengthen judicial independence and ensure the legitimate rights and interests of the people.

8. Looking to the future.

In the future, we must adhere to the people-centered, practice the principle of putting people's interests first in reform and development, and unleash people's creativity;

step up scientific and technological innovation, implement the national innovation-driven development strategy, and build an innovative country;

Strengthen communication and cooperation with the external environment, and move towards a more open, coordinated and orderly development direction in the context of globalization.

In short, reform is an important driving force and support for the development of various undertakings in China, and it is necessary to further take the people as the center, continuously optimize the institutional arrangements, and create a "Chinese plan" for system reconstruction.

Deepen the reform to ensure that the judicial power is exercised in the following ways:

1. In recent years, China's judicial reform has made considerable progress in deepening reform and advancing the rule of law. At the same time, in order to ensure the impartiality of judicial power, a series of measures have also been proposed, such as strengthening the professional ethics of judicial personnel, improving the construction of the judicial system, supporting public interest litigation, and strengthening supervision of judicial organs.

2. First of all, the construction of professional ethics for judicial personnel is the basis and guarantee for ensuring the fair exercise of judicial power. On the one hand, judicial personnel should have a high degree of legal literacy, firmly adhere to the concept of the rule of law, exercise their profession independently, impartially and honestly, and have a fair mind to protect the rights of the judiciary. At the same time, in order to guide and restrain judicial personnel, it is necessary to strengthen the construction of a management system for judicial personnel, standardize the entire judicial process, and reduce the occurrence of abuse of judicial power and other improper behaviors.

3. Secondly, improving the construction of the judicial system is also one of the important measures. The judicial system is the embodiment of China's political civilization and is also the fundamental means to ensure the fair exercise of judicial power. Judicial systems in areas such as the preservation of assets involved in cases, the admission of evidence, trial procedures, and applicable procedures may be improved in a targeted manner.

4. Establish and improve the judicial mediation mechanism, improve the success rate of mediation, and make it a litigation method with national characteristics that is equal, fair and convenient. In addition, supporting public interest litigation is also one of the keys. Public interest litigation has always been regarded as an important part of the construction and reform of the judicial system, and this form of litigation is an important way to achieve the protection of social public interests such as the environment, public order, and consumer rights and interests.

5. And has a very important exemplary role. ** Public interest litigation should be vigorously supported, supervision of public interest litigation should be strengthened, and public trust in the judiciary should be enhanced by improving the judicial legal system and improving the fairness of judicial decisions, and promoting cooperation between judicial administrative organs and local courts and procuratorates, so as to protect justice and promote social harmony.

6. Finally, strengthening supervision over judicial organs is another important measure to ensure the fair exercise of judicial power. Strengthening supervision over judicial organs will not only help safeguard the legitimacy of judicial rights, but also help safeguard social justice, protect citizens' legitimate rights and interests, and raise the level of law enforcement. To this end, a series of laws, regulations and trial guidelines should be formulated, a supervision mechanism for courts, procuratorates and the lawyer profession should be established across the country, due diligence should be strengthened, and disciplinary regulations should be formulated.

7. Impose strict penalties and rulings on illegal judicial acts, and enhance judicial fairness, transparency, and credibility. To sum up, to ensure the fair exercise of judicial power, in addition to the construction of professional ethics for judicial personnel, it is also necessary to build a complete judicial legal system, strengthen supervision and trial standards, and support public interest litigation.

The reform of the judicial system should be conducive to the comprehensive implementation of the basic strategy of governing the country according to law and to accelerate the building of a socialist country ruled by law. China's current judicial system has been established and developed to meet the needs of strengthening the socialist legal system, and is an indispensable and important link in implementing the strategy of governing the country according to law.

In 2006, the "Decision on Further Strengthening the Work of the People's Courts and People's Procuratorates" was made, which profoundly expounded the importance of strengthening the work of the people's courts and people's procuratorates under the new situation, further clarified the nature, status and role of the people's courts and people's procuratorates, and pointed out the important missions of the people's courts and people's procuratorates in implementing the basic strategy of governing the country according to law;

New requirements have been put forward for giving play to the role of judicial and procuratorial functions and strengthening the building of the contingent of judges and procurators. It is the first time in the history of the Communist Party of China that a decision has been made specifically on strengthening the work of the people's courts and people's procuratorates.

To deepen the reform of the judicial system, it is necessary to combine it with the in-depth implementation of the spirit and requirements of the "Decision", promote strict law enforcement and judicial fairness, give full play to the important role of judicial organs in implementing the strategy of governing the country according to law, and further accelerate the building of a socialist country ruled by law.

Improving the judicial system and mechanism, talking about God is the judicial guarantee for social harmony, and deepening the reform of the judicial system is an important part of accelerating the construction of a socialist country ruled by law.

1) Optimize the allocation of judicial functions and powers, regulate and exemplify judicial conduct, build a fair, efficient, and authoritative socialist judicial system, and ensure that adjudication and procuratorial organs exercise adjudication and procuratorial powers independently and impartially in accordance with law.

2) Improve systems such as for litigation, procuratorial supervision, enforcement of criminal punishments, education and corrections, judicial appraisals, criminal compensation, and judicial examinations.

3) Strengthen the establishment of judicial democracy, complete systems such as open trials, people's assessors, and people's supervisors, and give play to the positive role of lawyers, notaries, reconciliation, mediation, and arbitration.

4) Strengthen judicial aid and reduce or exempt litigation fees for the poor.

5) Complete circuit trials, expand the scope of application of summary procedures, implement a system for informing parties of their rights and obligations, and facilitate mass litigation.

6) Standardize litigation, lawyer, and arbitration fees.

7) Strengthen the judicial protection of human rights, and conduct litigation activities in strict accordance with legal principles and procedures.

8) Improve the implementation work mechanism, strengthen and improve the implementation work.

9) Maintain judicial integrity, and seriously pursue legal responsibility for bending the law for personal gain, dereliction of duty, and other acts.