Jurisdiction Run Mechanism

How is the trial power be carried out, can it functioned properly, which factors are restricting the trial power to function efficiently, all these issues cannot be avoided while doing the reasearch of the trial power. The aims of reasearching the process of the trial power functioning is to analyize how the body of the trial power carried it out, how other powers in the social involved in the trial process influnce it, what methods should be taken to banlance the social's different kinds of benefit. Although the academy has paid attention to the trial power reasearch for a very long time, however many are researching it from the procedure view, regarding the trial power as the substitue for the juristiction. While analysing the legislature,jurisdiction and executive power theoretically, reasearchers usually neglect the characristics and features under the background of the socialist country rulled-by-law in modern time.This text of the thesis tries to illustrate the current trial power from the aspect of the body controlling the power, mainly focus on Chinese civil trial power. After analysize the procedure of the trial power functioning,the author affords some useful suggestion on how to make the trial power work fluntly and efficiently. The working of the trial is a dynamic process, while illustrating it ,the text apllies the systemetical method, demonstrates the components of the system and the relationship among the parts, and different parts' different functions. Meanwhile, the text also applies comparative and historical means, by compared from the latitude, can we identify the features of present trial power in morden china.The text consits of five chapters, the first one is the basic knowledge of the trial power, firstly the chapter describes the trial power as a whole, including the definiton, fuction and components with the purpose of defining the main content of the trial power, which is the topic of the text. The second chapter focuses on the body of the power and how the trial body implements the power. Trial power should be carried out by persons, in the process of the trial how the trial body and the judges work is the central issue of the text. The procedure has great influnce on the working of the judges, reasonable and efficient procedure can make the trial power work fluntly, on the contrary, unproper procedure will have bad influnce on the power, the trial power could not be used properly and cannot realise it's intended function,furthermore, it can even against social's justice, "justice should not only be achieved but be seen achieved",this famous law saying can alert us continuously and spurs us to reform. The third chapter as the second's extent, illustrate the work of the trial power from the view of the relationship between the power and the level of the trial, the level of the trial not only refers to the allocation of the trial power, but also exsert defferent right and obligation in defferent bodis of the trial. How the trial power be divided among the bodies and how the bodies share the powers is impetus to understanding the work of the trial power, a clear conception on it do great benifit to both the understanding of the trial power and it's reform.No organizational system exits independently, they are always related to each other. The fourth chapter deals with the factors outside the system. Analysing those factors simply including the supreme authorities, the party and the local government. The existing problems have been pointed out in abovementioned chapters, the fifth chapter gives some detail resolutions relating to the problems, that is how to actulise the jurisdiction independence. All these suggestion revolved around the court independence and the judge independence. Wish such suggestion could do a little good to the trial reform though such thoughts are somewhat superfacial.