司法行政化问题在当前的司法体制改革中必须引起高度重视。司法行政化使司法失去了自身应有的品质和功能，司法行政化导致了行政权力过分膨胀，削弱了司法功能，是当前影响司法公正阻却中国司法现代化进程的一个最大障碍。我国宪法明确规定“中华人民共和国人民法院是国家的审判机关”，“人民法院依照法律独立行使审判权，不受行政机关、社会团体和个人的干涉”。按照现行的宪法规定，“一府两院”职能独立、地位平等。据此司法行政化是与现实的宪法精神相违背的。一种权力过度膨胀必然相应的削弱另一种权力的正常运行。因此，充分认识司法行政化的危害，深入挖掘司法行政化形成的历史和现实的原因，并寻求合理的防治对策，应是今后司法体制改革的重点。
本文由引言、正文和结论构成。引言部分介绍了本文的研究动机、研究目的、以及深入研究司法行政化现象的意义。正文部分，首先分析司法权的独立地位，司法行政化的现实表现，旨在突出司法行政化的危害。其次，深入探讨我国当前司法体制中的行政化的原因，着重从历史传统因素和现实成因这两个方面进行分析研究。最后提出了解决司法行政化问题的途径，从分析解决司法行政化的必要性入手，提出解决司法行政化的方法，建议从法律制度建设和加强司法队伍的建设以及树立现代这三大方面同时入手，惟有这三大方面共同发挥作用司法行政化问题才能得到彻底解决。结论提出了瞻望和期待，认为在正义与正义的要求下运用好司法权是人类的共同愿望和理想。
Judiciary administration-rization problem must arouse in current reform of the judicial system attaching great importance to. The administration-rization messenger of judiciary judiciary has lost the quality and function that oneself should have , the administration-rization have led to excessive administration authority swelling , weakened judiciary judiciary function, has been that currently, effect judicial fairness hinders a maximal obstacle of course but the Chinese judiciary modernizes. Our country constitution makes "the judicial organ stipulating that the PRC people's court is the country's" clear ", the people's court exercises judicial authority according to law independence , does not accept the administrative organ , nongovernmental organization and personal interference ". According to constitution regulation currently in effect, "one mansion two yards " functions are independent , equal in status. Accordingly judiciary administration-rization being that the spirit goes against each other with real constitution. One kind of surely corresponding relaxation of authority excessive expansion another one kind of authority regularity works. The administration-rization damage therefore, knowing a judiciary sufficiently, goes deep into administration-rization the history taking form and real cause excavating a judiciary , explores and the rational prevention and cure countermeasure , responds to the priority being reform of the judicial system the days to come. The main body of a book is composed from the foreword , text and conclusion. The foreword part studies motivation , studies purpose, and goes deep into phenomenon significance studying a judiciary administration-rization to have introduced the main body of a book's. Text part , the independent position analysing judicial powers first, administration-rization performance of judiciary, aims at laying stress on administration-rization damage of judiciary. Secondly, go deep into administration-rization cause in discussing current judicial system of our country, this two aspect go along analysis studies emphasize the secondary history tradition factor and real cause of formation. The at last has brought forward problem approach resolving a judiciary administration-rization , has started with to analysing the administration-rization necessity resolving a judiciary , has brought forward the administration-rization method resolving a judiciary, modern times suggesting that secondary legal system builds and reinforces ranks of judicial personnel and setting up this three big aspect is simultaneous start , only this three big aspect produces a marked effect commonly judiciary administration-rization problem ability solve completely. The conclusion has been brought forward looking forward to and expecting that , has thought that finishing wielding judicial powers under justice and just call for is human being's common wish and ideal.
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第1个回答 2009-03-19
Questions of judicial administration in the current reform of the judicial system must be a high degree of attention. Administration of justice so that justice should have lost its quality and function, the administration of justice has led to excessive expansion of executive power and weakened the judicial function in the course of justice are affecting the current Chinese judicial modernization process negates one of the biggest obstacles. China's Constitution clearly stipulates that "People's Republic of China People's Court is the country's judicial," "people's courts exercise judicial power independently in accordance with the law, free from administrative organs, social groups and individuals to interfere." In accordance with the existing constitutional provisions, "one government, the court," the functions of independent, equal status. Accordingly the administration of justice and the reality is contrary to the spirit of the Constitution. Excessive expansion of a power is bound to a corresponding weakening of the normal operation of power. Therefore, a full understanding of the harm the administration of justice, in-depth mining of the formation of the administration of justice to historical and practical reasons and to seek reasonable control measures, should be the focus of future reform of the judicial system.
In this paper, by the introduction, body and conclusions constitute. The introduction of the introduction of this paper, the research motivation, research purposes, as well as the administration of justice in-depth study of the significance of the phenomenon. Body parts, the first analysis of the independence of the judicial power, judicial administration of the actual performance, to highlight the dangers of judicial administration. Secondly, the depth of our current judicial system in the administration of the reasons for focusing on the historical tradition of the factors and causes of these two aspects of the reality studied. Finally a solution to the issue of judicial and administrative means to address the issue of judicial administration from the analysis of the need to start to solve the method of administration of justice, it is recommended from the legal system building and the strengthening of the judicial team building and establishing the modern aspects of these three simultaneously start Only these three aspects play a role in the common problem of judicial administration can be completely resolved. Looking to put forward conclusions and expectations that justice and at the request of just make good use of judicial power are the common aspirations and ideals of humanity.
In this paper, by the introduction, body and conclusions constitute. The introduction of the introduction of this paper, the research motivation, research purposes, as well as the administration of justice in-depth study of the significance of the phenomenon. Body parts, the first analysis of the independence of the judicial power, judicial administration of the actual performance, to highlight the dangers of judicial administration. Secondly, the depth of our current judicial system in the administration of the reasons for focusing on the historical tradition of the factors and causes of these two aspects of the reality studied. Finally a solution to the issue of judicial and administrative means to address the issue of judicial administration from the analysis of the need to start to solve the method of administration of justice, it is recommended from the legal system building and the strengthening of the judicial team building and establishing the modern aspects of these three simultaneously start Only these three aspects play a role in the common problem of judicial administration can be completely resolved. Looking to put forward conclusions and expectations that justice and at the request of just make good use of judicial power are the common aspirations and ideals of humanity.
