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The judicial system is an important part of the political system,Judicial Justice is an important guarantee for social justice。In order to achieve the goal of "let the people feel fairness and justice in each case" proposed by General Secretary Xi Jinping,In recent years,Chinese positive、stable、Promoting the reform of the judicial system and working mechanism pragmatic,A goal of maintaining justice in judicial justice,Optimize the configuration of judicial power、Strengthen human rights protection、Improve judicial ability、Focusing on the practice of justice,Further improving the socialist judicial system with Chinese characteristics。In this background,Using a variety of perspectives to explore the mechanism of contemporary Chinese judicial theory and dispute solution,It is conducive to expanding vision、New Knowledge,Promoting the development and prosperity of socialist law and judicial reform theory in the new era。
Practicalism philosophy in Chinese judicial reform
Since the 18th National Congress of the Communist Party of China,The deployment and measures of China's judicial system reform series,All originated from Chinese judicial practice,Facing Chinese judicial practice。In this sense,Since the 18th National Congress of the Communist Party of China, the basic philosophy of my country's judicial reforms,Judicial philosophy that can be called practicalism -this "take practice as the starting point,and finally Bet365 lotto review return to practice "judicial philosophy,is a kind of judicial philosophy of "being in action",It has three righteousness for judicial reform。
Comprehensively implement the judicial responsibility system
The report of the 19th National Congress of the Communist Party of China proposed for the first time: "Deepen the comprehensive supporting reform of the judicial system,Comprehensively implement the judicial responsibility system,Efforts to make the people feel fairness and justice in each judicial case。"" from this,Comprehensively implementing the judicial responsibility system has become a major reform task for the 19th National Congress,This is the judicial system to implement Xi Jinping's thoughts on socialism with Chinese characteristics in the new era、Deepen the comprehensive supporting reform of the judicial system、Important measures to promote the modernization of judicial system and judicial capabilities。Comprehensive implementation of the judicial responsibility system has a basic status in the main framework of the reform of the judicial system、iconic significance and global impact,To ensure that the judicial organs independently exercise their powers in accordance with the law,In order to coordinate the overall layout of the "Five -State" and coordinate the promotion of the "Four Comprehensive" strategic layout, it provides strong judicial services and guarantees,It has far -reaching significance。
Construction and flow of discourse of judicial reform
Judicial Reform of the 18th National Congress of the Communist Party of China,Different important methods have appeared at different times。These important methods can be called the discourse of judicial reform。Use Bet365 app download of these words,Not only used for induction、Describes the ideas and tasks of judicial reform,At the same time, it is also the display of the will of the power of judicial decision makers。This article is selected by the four cases in the court's judicial reform for explanation,Reveal the power and mechanism and relationship behind it。
Administrative Agreement Assists the Structure of Administrative Litigation
Administrative Agreement as a new form of public and private cooperation,It is both a sign of the integration of public and private law,It is also an inevitable product of the transformation of social governance model。From my country's "Administrative Procedure Law", the administrative agreement litigation is included in the scope of the case,Discussion on the lawsuit of administrative agreements from all walks of life continues to heat up,The "Regulations on Several Issues on the Consumer Congress of the Political Consultative Conference" issued by the Supreme People's Court (hereinafter referred to as the "Administrative Agreement Judicial Interpretation") also received high attention。The development of administrative agreements and the changes in the litigation structure caused by it,Not just widening the scope of the case of administrative lawsuit,Added a class of administrative litigation cases,It means a new change of the administrative litigation system。
"energy" and "cannot" of administrative dispute mediation
Administrative Litigation "Solving bet365 best casino games administrative disputes" is not about to the court、A leader in the plaintiff and the litigation activity,It is better to say that it is a national governance strategy proposed by the national legislature。If administrative disputes can be solved through mediation,Look at the experience and logic of daily life,Most people are acceptable。Even from a professional perspective,It is also sure。"Practice proof,The mediation before the litigation is more important than the contradiction between reconciling the parties than the lawsuit than the lawsuit.,To a certain extent, it is closer to the fundamental purpose of the party (especially the plaintiff of the administrative lawsuit),Also solve the problem more effectively、The perspective of dissolving opposite emotions provides a better way to deal with it,Contradictions of the Slow -release officer and the people,It is important to solve administrative disputes in substantiveness。"" But we must also see,"Although the mediation mode has many advantages in terms of dispute case resolution,It is difficult to form a stable knowledge system,Therefore, it is often a case and localized "。Therefore,We still need to deal with the relationship between administrative dispute mediation and administrative referee。
For a long time,"Difficult to prosecute" is a prominent problem in my country's administrative lawsuit。But in recent years,Administrative litigation "vulnerability" seems to be a new question in theory and practice。"Difficult to prosecute" and "abuse" coexist,Reflecting the imbalance between the administrative litigation system between the judicial supply and the needs of the parties。In the face of imbalance between the supply and demand of rights,It is necessary to continue Bet365 app download to expand the supply of judicial relief,Rawnal cognition and reflection on the definition and response to "abuse",Litigation needs to meet the principles of the rule of law and the principle of rights of rights,The system and technology of "approaching justice" should be improved,At the same time, inhibit the act that truly constituted the right to abuse litigation。
The legal and concepts of civil compulsory enforcement of legislation
The start of the civil lawsuit on the prosecution,End in execution,Therefore, the enforcement of civil compulsory execution is the last level to realize judicial justice。For more than 70 years of the founding of New China,Execution of Practice Development Different Moon,The construction of the execution rules slowly move forward,The reform of the implementation system is continuously advanced,while civil compulsory enforcement legislation is aspired as。For this,September 2018,Based on the legislative planning of the Standing Committee of the 13th National People's Congress, the Civil Force Enforcement Law is listed as a second -class legislative project and clearly explicitly led by the Supreme People's Court as a sign,Chinese Civil Compulsory Execution has opened a new era。Civil compulsory enforcement legislation is the institutional foundation and inevitable requirements of advancing the modernization of the national implementation governance system and the modernization of governance capabilities,and legislative needs to be based on standardized laws、Guided by advanced concepts,to improve the quality and efficiency of legislative,Finally realized the good method bet365 Play online games of protecting good treatment。
The development and innovation of the quality evaluation system of the people's court case
Case Quality Review as a regular and important function of the people's court trial management,Factation of the facts of specific cases from the micro level、Evaluation of specific issues in the application of law and the application of procedures。The results of the evaluation are usually included in the judge's annual trial performance assessment,As a judicial performance evaluation、Judge level promotion、The main indicators of judicial ability evaluation。From this,The quality evaluation of the case has become an evaluation mechanism that reflects the judgment ability of the judge。
Perfect the civil litigation support system for the reform of the judge responsibility system
The Fourth Plenary Session of the Eighteenth Central Committee of the Party in October 2014, the "Decision of the Central Committee of the Communist Party of China on Several major issues of comprehensively promoting the rule of law in accordance with the law" (hereinafter referred to as the "Decision") is of great significance to the reform of my country's judicial responsibility system。The banner of "Decision" clearly requires "Clarifying all levels within the judicial organs,Improve the internal supervision restriction mechanism。Internal personnel of the judicial organs shall not violate the regulations to interfere with the cases that other personnel are handling,Establishing a record system and responsibility system for the case of the internal personnel of the judiciary。Improve the judge of the trial、Documentary Court、Director prosecutor、The responsibility bet365 best casino games system for host investigators,Who is responsible for implementing the case ",This marks the new starting point and new journey of my country's judicial responsibility system reform。
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