Of Zhwatch caseseng Xiaolou write " judge corruption reports " published recently, assemble the report of case of 200 judges corruption. Almost at the same time, the supreme courtZhou JiangHave an informal discussion of person of dean and scholar, media, the requirement is various forensic information " making public is principle, underground it is exceptional " , ask to advance a court to become independent lawfully exercise jurisdiction. Two news, one asking and the other answering, meaningful.
The courtyard is assuming various people standard to restrain the formidable task of justice of judicatory of system of judicatory of judge corruption, reform, practice. The court has solved the most funthe most popular selling norton internet antivirusdamental premise of these difficult problem, it is according to constitution, improve independent jurisdiction of the court.
People emphasized normally in the past, constitution is the essential code of conduct that powers and authorities of office of exercise of various court independence must observe, this is right of cfree norton internet antivirusourse. But far insufficient. Still should understand constitution in the round each regulation about people court, and its the solid safeguard ofthe best selling watch cases powers and authorities of office of exercise of various court independence mixes translate into working method guideline.
These regulations basically point to constitution the 123rd about " the adjudgement mechanism that the court is a country " quality fixed position, the 126th " law of people court according to sets independent exercise jurisdiction, the interference that does not get organization of executive authority, society and individual " regulation and mechanism of the 135th court, procuratorate and public security " conduction criminal case, ought to divide the work responsible, each other closes suitably, restrict each other, implement law effectively in order to assure " regulation.
The court is the most difficult, it is the relation that handles its and exterior principal part according to constitution, nevertheless, according to constitution they are returned is should can serve as somewhat. The system of the relation that straightens mechanism of Party Committee of all levels and court according to constitution for instance builds an aspect, although the court cannot have conclusive effect, but they are important participate in square, among them at least the proposal program that the supreme court can offer actively to straighten this kind of relation. watch case
Bwatch case openere like again, various National People's Congress depends on law consistorial job is not interference, had compared a system to change. But the regulation that has many law collides with constitution actually, if press issue of active constitution deal with according to law strictly, forensic procuratorate should not accept National People's Congress to comprise staff inquiry, also should not work to report of National People's Congress. The relation of court and executive authority, also did not arrange on constitufree modern dining chairstion, but be in jural, still fail to straighten the principle of jurisdiction of forensic independence exercise, the most crucial it is human affairs and budget. To this, the supreme court is OK also research, proposal and urge.
Court, especially the supreme court, can according to constitution, straighten the relation that judge and other personnel handle a case inside the court hard, in the judge own cognizance case and court become independent the balance is built between exercise jurisdiction.
With respect to whole court system, still need to straighten the fore-and-aft powers and authorities of office between various court to concern according to constitution, safeguard careful course is independent. According to constitution the 123rd mixes 127, it is to supervise between the court below on our country with relation be supervisoried, is not administrative sex leader and be concerned by the leader.
Abide by constitution strictly the 125th regulation, "The court hears a case, outside the special conditioi want modern dining chairsn that sets except law, uniform and open undertake " ; Safeguard " the accused person has authority to obtain plead " . The citizen freedom audit that the case makes public cognizance to should include at least, criminal is chased after to accuse person freedom entrusts the right such as the lharrison hot spring weather forecastawyer, do not fulfil all the time reach the designated position. The supreme court can use existing powers and authorities of office completely to allocate pattern, the attempt builds the publicity that accords with constitution requirement to try system of system and lawyer plead.
Press constitution the 135th regulation, court, procuratorate and with door of the Ministry of Public Security powers and authorities of office of exercise of 3 main body, answer to be restricted each other, and coharrison hot spring public pooloperate to answer each other a be confined to handle a case of flow join. 135 this one regulation mixes integrated constitution constitution becomes independent the 126th times about the court the regulation of exercise jurisdiction, can reach clear conclusion:
Jurisdiction of exercise of independence of various court, judge, the charter that has the directive that rejects any forms and written instructions is compulsory; The charter that the member that various court group grows up has the exterior joint meeting that rejbrass faucet aerator ects to attend any aiming that affect particular case to try a result directly is compulsory; The court tries any cases, all answer to undertake independently, do not answer the organization such as branch of beforehand and procuratorial work mechanism, public security talks things over.
Finally, independent respect tries in safeguard, progressively aggrandizement handles a case the powers and authorities of office of judge individual and responsibility, the effort that should be a court direction.
(Author Tong Zhiwei, extract and compile from yesterday "Southern on the weekend" " ark is commented on " )
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