On Judicature And The Fair

The first part of this article mainly launches the practical and theoretical analysis encompassing the cornerstone category of the judicature theory - - the jurisdiction with the independent authority shape, and elaborates the jurisdiction's operation mechanism,nature and essential factor constitution. The second part mainly launches the analysis to the basic idea which should carry out in the movement process to the jurisdiction fromfour aspects--the self-criticism analysis to "the law",the theory difference of "theprocedure is fair" and "the entity is fair" , and the explanation to "democracy","equality" and "free heart card". The third part is mainly to realize the frame fundamental construction of the arrangement to propose "the judicature is fair" from twoaspects--the jurisdiction independence and the judicial process. The fourth part ismainly to examine the present situation of the trial carefully from two aspects in under China's historical spell and the Chinese tradition system to make the evaluation to turn of the century Contemporary China. The fifth part mainly launches the analysis on how the modern judicial process system to design so as to provide the validity resources and the legalization condition to the jurisdiction's movement, to make it clear that the basic task of the judicial reform Contemporary China is to construct the modern "judicature". Lastly, this article proposed Contemporary China "the judicial reform" thestrategic arrangement frame from three aspects--the constitution as well as othercorrelative law revision, incumbent party's function.