The Innovation Of The Contemporary Judicial Power Motion System

The judicial power is the important component of the state power. It has facilitated the production and development of the modern country governed by law owing to its role of checking and balancing of other state power. The nature and position of the judicial power influence the way of construction and the degree of perfection of different states directly; the judicial power is a power of judgment, namely, it is enjoyed by the court, and the court makes judgment to party of the dispute, who has his own requirement and legal propositions, in accordance with the law. This thus can maintain fairness and efficiency law, which may help to realize its final power. It signifies the nature and position in the operation course of judicial power; the judicial power is launched around the judges, disputes and procedures, related to many factors of internal and external politics and of society. So the issue of management and organization while the judicial power operates becomes an important task, that is, whether the judicial power can realize the social function to the maximum extent with optimum resource distribution. That means the judicial power should be managed in accordance with its unique law and nature. Since it is a kind of state power having attribute of power, it is a must to structure the restriction system in conformity with operation characteristics of the judicial power on the way of realizing the fairness and efficiency of the law. This is for the purpose of self-realization and self-perfection on value; high degree of autonomy on system of governing by law and in maintaining constitution and government; preventing the alienation of the judicial power. The operation system of the judicial power in fact is an integration of organization system, management system, judgment system and restriction system. Its degree of integration determines and influences the degree of the realization of the value of the law directly. So the reform and innovation of the operation system of the judicial power must move forward wholly. This includes using foreign advanced experience for reference , analyzing and getting rid of drawbacks existing in the current operation system, which violates the idea of governing by law, structuring the perfect operation system which accords with the national conditions of our country. This thesis aims at finding the way of rationalizing the operation system of judicial power in our country.