On The Legislature's Judicial Function

The concept of comes from the value combines to absolutism of relativism of fraction of power, planted in denying of absolute fraction and recognition of relative fraction rationality in theory circle and practice. Looking from angle of history, the judicial function of the legislature has three sources mainly ~ development which discusses organization's judicial function in ancient times, passing on of judicial function which the legislature derives out in order to realize a right in one's own development course and taking the place of the ancient king's judicial privilege. In the environment of fraction, the justification of legislature's judicial function is in four aspects: First of all, it is that the logic that the political rights operates must be required, the legislature should exercise its own job power properly, the ones that must be wanted by judicial function are assisted; Secondly, it is an important lever that the legislature realized restricting of power. Third, it as is it discuss organization give play to politics adjust key link of function to take the place of legislature; Finally, the pluralism and uncertainty of the judicial power shape —The society sharing of the judicial power forms the proper foundation that legislature exercises the judicial function too. In the realization of legislature's judicial function, the legislature should observe two principles while starting the judicial function —Legislate to restrain the principle and limit other means principle. The operation of legislature's judicial function should follow the proper legal procedure , reflect the requirement of respecting basic human rights. Meanwhile, the legislature exercises the limit that the judicial function should be necessary, should limit from the range of its judicial function and dynamics of the enforcement. The legislature exercises the judicial function to also face very heavy predicament: The professional lines on personnel's structure is insufficient; Easy to affect by masses' passion; It is difficult to get rid of the infiltration of the political struggle; Efficiency is not good. Wait a moment. In contemporary China, the judicial function of our legislature is a great deal of defect and deficiency, need to carry on the constructing again of the deep reform and adaptation times.