Special Planning: Comprehensively Improving the Socialist bet365 apuestas System with Chinese Characteristics
June 05, 2020 08:10 Source: "Chinese Social Sciences Journal" Issue 1941, June 5, 2020 Author:

  Editor’s note

The bet365 apuestas system is an important part of the political system,bet365 apuestas justice is an important guarantee for social justice。In order to achieve the goal of “let the people feel fairness and justice in every case” proposed by General Secretary Xi Jinping,In recent years,Our country is active、Safe、Pragmatically promote the reform of the bet365 apuestas system and working mechanism,With the goal of maintaining bet365 apuestas fairness,To optimize the allocation of bet365 apuestas powers、Strengthening human rights protection、Improving bet365 apuestas capabilities、Practice justice and serve the people as the focus,Further improving the socialist bet365 apuestas system with Chinese characteristics。In this context,Using multiple perspectives to explore contemporary Chinese bet365 apuestas theory and dispute resolution mechanism,Conducive to broadening horizons、Cultivate new knowledge,Promote the development and prosperity of socialist law and bet365 apuestas reform theory with Chinese characteristics in the new era。

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  Practical philosophy in China’s bet365 apuestas reform

Since the 18th National Congress of the Communist Party of China,Series of deployments and measures for China’s bet365 apuestas system reform,All derived from Chinese bet365 apuestas practice,And face China’s bet365 apuestas practice。In this sense,The basic philosophy upheld by my country’s bet365 apuestas reform since the 18th National Congress of the Communist Party of China,The bet365 apuestas philosophy that can be called practicalism - this kind of "taking practice as the starting point,And finally return to the bet365 apuestas philosophy of practice,It is a bet365 apuestas philosophy "in action",There are three important points for bet365 apuestas reform。

  Comprehensively implement the bet365 apuestas accountability system

The report of the 19th National Congress of the Communist Party of China proposed for the first time: "Deepening the comprehensive supporting reform of the bet365 apuestas system,Comprehensively implement the bet365 apuestas accountability system,Strive to make the people feel fairness and justice in every bet365 apuestas case。” from this,Comprehensive implementation of the bet365 apuestas accountability system has become a major reform task deployed by the 19th National Congress,This is the bet365 apuestas system’s implementation of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era、Deepening the comprehensive supporting reform of the bet365 apuestas system、Important measures to promote the modernization of the bet365 apuestas system and bet365 apuestas capabilities。Comprehensively implementing the bet365 apuestas accountability system plays a fundamental role in the main framework of bet365 apuestas system reform、Iconic significance and global impact,To ensure that bet365 apuestas organs exercise their powers independently and fairly in accordance with the law,Provide powerful bet365 apuestas services and guarantees to coordinate and promote the "Five-in-One" overall layout and coordinate the promotion of the "Four Comprehensives" strategic layout,Profound significance。

  The construction and evolution of bet365 apuestas reform discourse

bet365 apuestas reform since the 18th National Congress of the Communist Party of China,Different important formulations appeared in different periods。These important formulations can be called the discourse of bet365 apuestas reform。The use of these words,Not just for induction、Describe the ideas and tasks of bet365 apuestas reform,At the same time, it is also a demonstration of the power and will of bet365 apuestas decision-makers。This article selects four formulations in the bet365 apuestas reform of the court for explanation,Reveal the power mechanism and interrelationship behind it。

  bet365 apuestas Agreement Promotes Reform of bet365 apuestas Litigation Structure

Administrative agreement as a new form of public-private cooperation,It is a symbol of the integration of public and private law,It is also an inevitable product of the transformation of social governance model。Starting from my country’s Administrative Litigation Law including administrative agreement litigation within the scope of cases,Discussions on administrative agreement litigation continue to heat up,The "Regulations on Several Issues Concerning the Trial of Administrative Agreement Cases" issued by the Supreme People's Court (hereinafter referred to as the "bet365 apuestas Interpretation of Administrative Agreements") has also received great attention。The development of administrative agreements and the changes in litigation structures caused by them,Not just broadening the scope of administrative litigation,Added a category of administrative litigation causes,It means a new change in the administrative litigation system。

  The “cans” and “cannots” of bet365 apuestas dispute mediation

Administrative litigation "resolving administrative disputes" is not so much oriented to the court、A guide for plaintiffs and defendants in litigation activities,It is better to say that it is a national governance strategy proposed by the national legislature。If administrative disputes can be resolved through mediation,Looking at it from daily life experience and logic,Acceptable to most people。Even from a professional perspective,It is also certain。"Practical proof,Compared with litigation procedures, pre-litigation mediation is more focused on mediating the conflicts between the parties rather than just judging the merits of the legal relationship,To a certain extent, it is closer to the fundamental purpose of litigants (especially administrative litigation plaintiffs) in filing administrative litigation,Also solve problems more effectively、The perspective of resolving opposing emotions provides a better way to deal with it,To ease the contradiction between the government and the people,Substantial resolution of administrative disputes is of great value。”But we must also see,“Because the mediation model has many advantages in resolving disputes on an individual basis,But it is difficult to form a stable knowledge bet365 apuestas,So it is often case-by-case and localized”。Therefore,We still need to handle the relationship between administrative dispute mediation and administrative adjudication。

  The balance between protecting the right to sue and controlling excessive litigation in bet365 apuestas litigation

    ,“Difficulty in prosecuting” is a prominent problem in administrative litigation in our country。But in recent years,“Indiscriminate litigation” in administrative litigation seems to have become a new problem in theory and practice。“Difficulty in prosecuting” and “indiscriminate prosecution” coexist,Reflects the imbalance between bet365 apuestas supply and parties’ needs in the administrative litigation system。Faced with this imbalance between system supply and rights demand,It is necessary to continue to expand the supply of bet365 apuestas relief,The definition and response to “indiscriminate litigation” through rational cognition and reflection,Requirements for litigation that are consistent with the principles of rule of law and rights and remedies,The system and technology of “approaching justice” should be improved,At the same time, suppress behaviors that truly constitute an abuse of litigation rights。

  Legal principles and concepts of civil bet365 apuestas legislation

Civil litigation begins with prosecution,End in execution,Therefore, civil enforcement is the last step to achieve bet365 apuestas justice。Over 70 years since the founding of New China,Execution practice is developing rapidly,The construction of enforcement rules is moving forward slowly,Execution system reform continues to advance,However, civil enforcement legislation is absent。For this,September 2018,The legislative plan of the 13th National People’s Congress Standing Committee listed the Civil Enforcement Law as a second-category legislative item and clearly stated that the Supreme People’s Court would take the lead in drafting it,China’s civil enforcement has opened a new era。Civil enforcement legislation is the institutional foundation and inevitable requirement for promoting the modernization of the national enforcement governance system and enforcement governance capabilities,Legislation needs to be based on normative legal principles、Guided by advanced concepts,Thus improving the quality and efficiency of legislation,Ultimately realize good governance with good laws。

  The development and innovation of the case quality evaluation bet365 apuestas of the People’s Court

Case quality evaluation is a routine and important function of the trial management of the People’s Court,Factual determination of specific cases from a micro level、Evaluate specific issues in the application of law and application of procedures。The evaluation results are usually included in the judge’s annual trial performance evaluation,Evaluation of bet365 apuestas performance as a judge、Judge level promotion、Main indicators for bet365 apuestas ability evaluation。From this,Case quality evaluation has become an evaluation mechanism that reflects the judge’s trial ability。

  Improving the civil litigation supporting bet365 apuestas for the reform of the judge’s responsibility bet365 apuestas

The "Decision of the Central Committee of the Communist Party of China on Several Major Issues in Comprehensively Promoting the Rule of Law" (hereinafter referred to as the "Decision") reviewed and approved by the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China in October 2014 is of great significance to the reform of my country's bet365 apuestas accountability system。The "Decision" clearly calls for "clearing the authority of each level within the bet365 apuestas organs,Improving the internal supervision and control mechanism。Internal personnel of bet365 apuestas organs shall not violate regulations to interfere with cases being handled by other personnel,Establish a recording system and accountability system for internal personnel of bet365 apuestas organs to intervene in cases。Perfect the presiding judge、Collegial Court、Chief Prosecutor、Investigator Responsibility System for Case Handling,Implement whoever handles the case is responsible”,This marks a new starting point and a new journey for the reform of my country’s bet365 apuestas accountability system。

Editor: Zhang Yueying
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