A Study of China''s Judiciary System

• Main Authors: Wen Hsuan-Lin, 林文軒
• Other Authors: Shi Hwei-Yow
• Format: Others
• Language: zh-TW
• Published: 2002
• Online Access: http://ndltd.ncl.edu.tw/handle/12369437985369978650

碩士 === 淡江大學 === 大陸研究所碩士在職專班 === 90 === Under a special historical background, the current judiciary system in China has been progressively developed and the system is based on a political guideline of “class struggling” and an economic guideline of “highly-centralized command economy”. Since the implement of the Reform and Open-up policy, the features of Chinese jurisprudence have been modified dramatically as driven by a free-market economy. In spite of a developing prototype of judiciary that has been explored and implemented for more than ten years, the outcome of the enactment of the judiciary system is not totally satisfactory from a “judiciary’s” point of view. A case in point is the law courts that are under an aggressive reform. On one hand, there have been some progresses in implementing and theoretical investigation of the reform. On the other hand, there also have been numerous obstacles encountered during the reform processes such as lenient law enforcement, unfair judgment, untimely dispensation of justice and even deferment without court decision, interrupt of law enforcement by local preservationists, and corruption of judiciary, etc. Those are the most important issues that China has to resolve. As officially became the 143rd member of the World Trade Organization on December 11, 2001, China found itself in a dilemma in which its judiciary system is facing a brand new prospect full of opportunities for development as well as challenges and risks. The immediate impact is the adaptability of China’s legislative and judiciary systems to WTO’s regulations and requirements. Thereafter, China has to execute WTO’s pacts; follow WTO’s international regulations as required for being a member of the WTO. In other words, China has just stepped into an “era of judiciary”. In this epoch, China has to come to realize that the reform of judiciary including the issue of independent judiciary cannot be realized without a change of “mind of thinking” in conception and system, a complete innovation of judiciary from inside out in order to overcome the discomforts encountered during the early stage after entering the WTO. The research areas of the current study concentrate on various aspects of China’s judiciary system include inspection, prosecution, jurisdiction, arbitration, incarceration, mediation, notarization, and lawyering based on the framework of an integrated judiciary system of China. Also, the reform of judiciary after entering the WTO is discussed from various prospects and the operations, problems and obstacles occurred during the process of reform as well as it future outlook are discussed in the current study.Based on the discussion mentioned above, the current thesis is composed of 11 chapters as briefly described below:Chapter 1 Introduction. This chapter discusses the background history of China’s judiciary system and China’s current environment of judiciary, initiation and purpose of this study, the methods and essential elements of the study, literature survey and sources of information, and limit of application of cited information, etc. Chapter 2 Inspection System of China. This chapter discusses the evolvement of China’s inspection system, nature and responsibilities of public security administration, prosecution system, the current procedures of criminal justiciary, strategies and mentalities of reform, and judiciary assistants of criminal issues. Chapter 3 Prosecution System of China. This chapter discusses the history of people’s prosecution bureau, administration system, responsibilities and authorities, prosecution system, and execution of the prosecution procedures, and the studies of related issues.Chapter 4 Jurisdiction System of China. This chapter discusses the evolvement of people’s courts, its system and administration, current problems and disputable issues, studies of related issues, and strategies and mentalities of reform, etc.Chapter 5 Incarceration System of China. This chapter discusses the establishment and development of the incarceration system, management of jails, classification and correction of criminals, correction by forced labor, studies of related issues, and strategies and mentalities of reform, etc. Chapter 6 Arbitration System of China. This chapter discusses the establishment and development of China’s arbitration system, current status, disputable issues of arbitration system, mentalities of reform, etc. Chapter 7 Mediation System of China. This chapter discusses the characters of people’s mediation system and court mediation system, people’s mediation commission and its relationship with the fundamental people’s government and fundamental people’s court, current status and the existing problems of court mediation system, studies of related issues, and strategies and mentalities of reform, etc. Chapter 8 Notarization System of China. This chapter discusses the establishment and development of China’s public notarization system, current status of administration, current problems of the system, investigation of documents between the Strait, and strategies and mentalities of reform, etc. Chapter 9 Lawyering System of China. This chapter discusses the establishment and development of China’s lawyering system, scope of work of lawyering, lawyer administration and management mechanisms, reform and obstacles of lawyer practice, and related issues, etc. Chapter 10 China’s Judiciary Reform in the 21st Century and WTO. This chapter gives an integral evaluation of WTO’s impacts on China’s judiciary system and judge system, new prospects and strategies of judicial system after entering WTO, and strategies and mentalities of reform, etc. Chapter 11 Conclusions This chapter discusses the conclusions and the trend of reform of China’s judiciary system derived from this study. This chapter also proposes some issues for further research.