중국사법체제 개혁에 관한 논의

Abstract

The reform of China’s judicial system has been almost simultaneous with that of the reform of China’s economic structure. However, in contrast to the reform of China’s economic structure, which has essentially been changing constantly in the last three decades, the reform of China’s judicial system has only been narrow within the reform of judgment mode. Recently, after summarizing and reviewing previous conducted reforms, schemes and objectives, reforms to further develop the judicial system were proposed in China’s 18th Communist Party Congress. Additionally, the reform pilots are specifically confined. The proposed schemes concerns four aspects: first, improved management of the various of Judicial Officers; second their explicit legal obligations; then guarantee Judicial Officers’ career security; finally, centralization of the administration of personnel, assets and other related items of local judicial entities which are below the provincial government level. This paper is motivated to analyze the conjecture implied by the reform of China’s judicial system. Further, the developing trends are investigated. It is argued that it is time to response to the long-term but inevitable important theoretical and cognitional issues, including the relation between the power of party and the ; priority of law and leadership of the party. This study insists that, to achieve substantive reformation, which are dominated by the rule of law, and establish and independence, the essential thing is to pay attention to law, advocate law and authorize supremacy to law.