On The Philosophy Of Judicial Power

China has realized the necessary and importance of the rule by law to the political and the social lives today. Every opinion about judicial power has involved the disposition and restriction of the powers and the guarantee and realization of the civil rights. All rights belong to people in the socialist state. The officials are servants and the people are masters. In order to prevent this relation to be changed completely, the law must strengthen the control of the powers. The courts play a critical role and undertake the duty of control the powers by the way of construction the law. As the least danger branch of the political powers, judicial power is inherently weaker than legislation and administration powers. Thus, the judicial power, can control the other two kinds of powers efficiently only if the judicial branch has independent from the other powers.There are five divisions in my paper.The first division is the historical analysis of judicial power. In the autocracy government, all kinds of powers are united as a monolithic bloc. John Locke developed the idea of the separation of legislation power and administration power. Finally, West Bengal established the model of separation and balance of the three kinds of powers, that is legislation power, administration power and judicial power. Judicial power has gradually obtained the independent situation. In China, judicial power has born during the revolutionary period, From the beginning of its history, Chinese judicial power has grew from a dependent power to anindependent power. At the same time, Chinese judicial power has developed from the unity of prosecute organ and judicial organ to the separation of these two organs. By now, China has established the parataxis of the procuratoriai organ and judicial organ.The second division of the paper is the conceptual analysis of judicial power. In the western country that is ruled by law countries, the judicial power has the same meaning of the jurisdiction power of courts. And this is the common sense of people. On the contrary, we have established many different concept of judicial power during the modernization of China. Some kinds of administration powers have been treated as judicial powers. In the view of Lenin's legal supervision, the procuratoriai powers can not be included in the administration power. Is it a kind of judicial power? In my opinion, the procurator power is an independent power and the judicial power refers only the jurisdiction power of court. So there are four independent kinds of powers, the legislation power, the administration power, the judicial power and the procuratoriai powers.The third division of this paper is about the functional analysis of judicial power. The direct function of judicial power is to resolve the dispute. From this, the judicial right has extended in the scope of the control of government powers and the decision of public policies. The judicial power has the educational function as well. In this paper, the author has discussed its function of controlling the legislation power, the administration power and the social power.The last division of this paper is about the operational analysis of judicial power. The independence is the character of judicial power. Theauthor discusses the reason of this independence and the method to establish this independence. From the point of a realistic, the author discusses it also by discussing the relation of the judicial power and the leadership of the Communist Party and the relation of the supervision of National People's Congress and the reporting rights of newspapers. At the same time, the administrative method in which the court has been operated is an obstruction of the independence of the judges.