Research On The Judicial Power Of Alienation

China is in the positive transformation from traditional to modern nowadays, the rule of law is being increasingly faced with the historic task of modernization, as an important symbol of modernization of rule of law, judicial modernization is a key element of its essential. the existing judicial system was formed under the traditional planned economy system, although there had many fruitful reforms at the end of the last century, But there is no doubt that there is still a large gap between requirements from the modern judicial system. Limited by the development stage and specific historical of our country, there are many phenomenas of Judicial power alienation in the actual operation . This judicial power of alienation not only conducive to exert its function and significance of the judicial power, but also restricts the judicial system transform to the modern further. Therefore, it can be said that the present existing problems of the judicial system mainly reflected on the alienation of judicial power. To sum up, alienation of judicial power in China is largely manifested in three areas,as administrative jurisdiction, Localization of judicial power and utilitarian of judicial power, while, the most outstanding and most serious problems is the administrative jurisdiction.In the modern country under the rule of law,Courts is the most important judicial field, it is playing the important function that settle disputes, safeguard social justice and maintaining social stability, and the realization of these functions is a prerequisite for jurisdiction to healthy, full of running and exercising. But looking back at our country, whether the macro field as courts,or the medium field as trial organization,and the microeconomic field as judge individuals, in its actual judicial practices, all restricted by various administrative system, surrounded by "on the order down", "responsible leadership" of the system, our courts system can't play judicial advantageous functions which mentioned above, and no more for restricting the soaring executive power, today ,at the critical stage in the judicial reform, can we solve the problem of administration of the courts can effectively become one of the key of the reform.Our judicial administrative problems are not the new phenomenon in the new period of our judicial reform, it is the historical diseases which with the habits of traditional deposition, and changing the contents with the times. In ancient China, the judication and the administration gathered but did not divided, judicial power Only as an integral part of the executive power. Forward to modern times, along with the turmoil unbearable historical process and fierce collision of Chinese and foreign ideas, various advanced or retrograde jurisdictional concepts was unable to practical implemention under the background of turbulence, and become nominal. After the founding of new China, our country has undergone a road to construct the judicial power,which like "create--admiration--recovery", our country has created the characteristic of "dual judicial"in combining western ideas, the Soviet ideas and our own experiences.Judicial reform for our country is undoubtedly difficult,after intentionally or unintentionally "forget" the key issues for many years——judicial power of administration, and after the Supreme People's Court outline the《people's Court for a third five-years reform(2009-2013)》, the court finally got the attention on a series of questions which it deserves, the judicial administrative problems also seems to go to the history inflection point. For the next stage of the court reform, not only to focus on solving the problems of administration of courts,judicial organization and the individual judges which discussed above, more to be clear the three powers in state power pedigree, namely the legislative, administrative and judicial power, especially the relationship between the administrative and judicial relations.This is the inescapable key tasks for our country's judicial reform that change the judicial power of alienation which represent by judicial power of administration ,at the time of looking to the future vision of judicial modernization of our country, the independence,neutrality and justice judicial power is doomed to became one of the most beautiful glimpse.