The Weaken And Reinforcement Of Administrative Court

With the formation of system of socialist laws, the requirement for justice isgradually focused on the enforcement of law other than on the legislation level.As the key institution of the enforcement, the internal mode of the court and itsrationality shall play a essential role. However, the administrative method inwhich the court has been operated is an obstruction of the independence of thejudges. In this way, the judge’s status function can’t get very good play and theauthority of law has been challenged as well. This thesis analyzed the basicoperating logic of the jurisdiction of courts and tried to discover the way ofde-administration. This thesis shall also analyze the reasons of the diiffculty ofde-administration based on the repeated and deviation of the judicial reformbetween administration of the courts and the strengthen of the administrationduring three times “Five Years Reform Outline". Nevertheless, this thesis shallpresent a way of de-administration for Chinese courts which is a court modeconforms the judicial logic, i.e. to separate the judge decision form administration decision and to minimum, the influence of the quality of judgesand legal environment by improving a more judicial-logic restrictionmechanism,...