Legal Reform Research

Author: Wang Liming
Publisher:
Publish Date: 2001-01-01
Features: The goal of judicial reform is to achieve judicial fairness. The more just the judiciary, the greater the cohesion of society and the better the maintenance of social stability. After China entered a society with a market economy as its basic framework, the intensification of conflicts and social contradictions resulting from social transformation has made various social conflicts, even those of a relatively strong nature, issues that society must frequently confront. The institutionalized means of resolving social conflicts is fair justice. It allows various grievances to be resolved promptly, conflicts between the government and the people to be addressed in a timely manner, and conflicts with sharp interests to be balanced. Therefore, the role of fair justice in the political and social system can be called a balancer. During the period of social transformation, absorbing and neutralizing various social conflicts through litigation and trial mechanisms, transforming sharp contradictions into technical issues, and achieving fair resolution through certain procedures are tasks that judicial reform needs to accomplish. I believe that judicial reform goals should be considered from the following aspects: First, enhance the independence of the judiciary. The independent exercise of judicial power by judicial organs in accordance with the law is the prerequisite for ensuring fair judgments. Second, establish the authority of the judiciary. The more authoritative the judiciary, the more authoritative the law; the broader the scope of judicial functions, the more prominent the role and status of the law in national political and social life. Third, maintain the unity of constitutional rights. The existing judicial system has fragmented China's unified judicial power, with severe local protectionism. Without resolving this issue, judicial fairness cannot be guaranteed. Fourth, improve trial methods and procedures. The reform goal should be to establish a fair, open, democratic, and efficient trial procedure system that meets the requirements of strict law enforcement and judicial fairness. Fifth, establish a legal profession system and strive to improve the overall quality of judges. Personally, I have always believed that the focus should be placed on improving the overall quality of judges. Even with a good system, without a high-quality team of judges to, it is difficult to achieve results. Sixth, improve the judicial supervision system. The emergence and development of judicial corruption and unfair judgments are largely related to the imperfections of China's current judicial supervision system. This book is divided into two parts: Part I, General Theory, mainly includes topics such as judicial reform and judicial fairness, procedural fairness and litigation efficiency, and the independence of the judiciary; Part II, Reform of the Judicial System and Trial Methods, mainly includes topics such as judicial system reform, strict law enforcement and judicial, and judicial review systems. This book is comprehensive, well-organized, and has high scientific, theoretical, academic, and systematic value, making it a valuable reference for relevant individuals.