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Constitutional Government

Surface will be conducted by the Central Political and Law Commission to act as judicial reform, the boundaries of the principal confused party, the lack of institutional legitimacy of judicial reform. In China, legal reform can play a Under judicial power system, the coordination of the power of judicial reform in the conflict, and can stand on economic and political reform against the backdrop of macroeconomic reform blueprint for the development of appropriate and specific planning. Meanwhile, the National People's Congress the right to enjoy the national constitutional and legislative powers, involving the court, the Procuratorate Reform issues the NPC and its Standing Committee are the exclusive legislative jurisdiction, so it can constitutionally address the power of judicial reform in the configuration problem handle the relationship between reform and the legislative, judicial reform to ensure the institutionalization and legalization of the results. By the highest authority for judicial reform,[link widoczny dla zalogowanych], scholars have generally proposed two options: First, the NPC Law Committee and the House Judiciary Committee Co-lead agency for judicial reform; then is the establishment of the National Judicial Reform Commission or the National Judicial Reform Leading Group. ④ In comparison, I think that the latter scheme is more consistent with the attributes of judicial reform and constitutional requirements. Of course, in particular the composition, and should involve the National People's Congress, courts, prosecutors, the State Council and relevant departments of the Organization Department of CPC Central Committee, Organization Committee, and experts and scholars,[link widoczny dla zalogowanych], lawyers, industry representatives and others attended. (C) to strengthen legislation to ensure the legitimacy of judicial reform. Judicial reform constitutional sense must have an adequate legal basis. Advantage of the legislative power of rich resources,[link widoczny dla zalogowanych], a powerful force that can be mobilized to promote judicial reform, judicial reform in time to the objectives, principles, procedures and institutional arrangements, institutional rights and other basic issues determined to improve the stability and authority of the judicial reform . At present, China mainly the implementation of judicial reform For example, is considered the most fierce fire of reform the court system, the Supreme Court in recent years is mainly based on the five-point reform initiatives, but so far not implemented at all levels smoothly, with little success; there a place in promoting judicial reform and even to develop people's congresses, governments, courts, prosecutors joint conference system, in total disregard of the Constitution established power distribution system. Therefore, the current need to strengthen the institution of judicial reform, the process of law, judicial reform by the National People's Congress as the the reconstruction program, the professionalization of judicial officers, both with the modified The rule of law in judicial reform, judicial reform is not only cost savings, but also on the basis of the collective wisdom, to ensure the legitimacy and direction of reform. (D) democratic decision-making, the pursuit of the reform program justified. From the constitutional judicial reform must be sought on the path of democracy,[link widoczny dla zalogowanych], otherwise, only a few state organs to promote their own, can not meet the ownership of the main power - the people's needs, but also deviated from the constitutional path. Many of the world the success of the national judicial reform, focus on integration of public opinion in decision-making. In recent years, although China's judicial reform has become the focus of public attention, but ordinary people do not participate in this relevant to their immediate interests to the cause of reform, lack of transparency in the introduction of reform measures for the reform of the planning and design decision-making, seems to be limited relevant legal authorities and intellectuals, ordinary people's Only fit all the reform initiatives have justified only the basis of public opinion. Therefore, judicial reform was launched in the popular discontent, the process must be to promote people's participation, the results of the evaluation must also be tested in people. Enhance decision-making through more democratic means to ensure the public's ③ Tan Shigui: ④ Song Yinghui, Guo Chengwei editor: 87 *
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