중국 사회주의 체제에서의 사법체계 운용 연구 -사법권 독립행사기능 여부와 사법 감독권을 중심으로
A Study on the Application of Judicial System under the Chinese Socialist Regime - Focused on Functionary Role of Judicial Independence and Judicial Superintendent
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Chinese Communist Party also recognizes that the party have to be built a new order as ‘socialist constitutional state’ for market economy-oriented reform and opening success and claims ‘the function of independent of judicial power’ as an elements of construction of rule of law. But, the ‘judicial independence’ of China has a meaning quite different to ours because China does not accept the checks and balances. In addition, because China has been included in the concept of jurisdiction with the People’s Procurator and other security agencies (police) as well as the People’s Court, the ‘judicial independence functions’ was included in these agencies handle working from independent. Although it has provisions in principle that the party must be acting in the scope of the Constitution and laws in the relationship of the party and Constitution, but it is a reality that in concrete legal practice, the action of Party would transcend the Constitution and laws. Judicial Independence in China, therefore, has fundamental limits over the leading of the Communist Party that stated in the Constitution.
Abstract
Chinese Communist Party also recognizes that the party have to be built a new order as ‘socialist constitutional state’ for market economy-oriented reform and opening success and claims ‘the function of independent of judicial power’ as an elements of construction of rule of law. But, the ‘judicial independence’ of China has a meaning quite different to ours because China does not accept the checks and balances. In addition, because China has been included in the concept of jurisdiction with the People’s Procurator and other security agencies (police) as well as the People’s Court, the ‘judicial independence functions’ was included in these agencies handle working from independent. Although it has provisions in principle that the party must be acting in the scope of the Constitution and laws in the relationship of the party and Constitution, but it is a reality that in concrete legal practice, the action of Party would transcend the Constitution and laws. Judicial Independence in China, therefore, has fundamental limits over the leading of the Communist Party that stated in the Constitution.
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