Since the reform and opening, the judicial theory that guiding the establishment and development of China’s judicial system, namely judicial theory with Chinese characteristics, it is to point to by Deng Xiaoping, Jiang Zemin and Hu Jintao as representatives of the party’s three leading collective persist in the combination of Marxism-Leninism and contemporary Chinese reality, exploring, developing and improving the Construction of judicial theory with Chinese characteristics. Comrade Deng Xiaoping bring order out of chaos, insist on democracy and legal system, adhere to that there must be laws to go by, the laws must be observed and strictly enforced, and law breakers must be prosecuted; Comrade Jiang Zemin pursues the country ruled according to law, puts forward the rule of virtue to improve the competitiveness of the Chinese nation, and holds to "Three Represents" theory to guide and regulate the execution of state judicial power; Hu Jintao as a representative of the party central insists on the education of maintaining the party’s advanced character, emphasizes in the construction of grassroots democratic legal system and harmonious development of the society and promotes the reform of the judicial system.This paper is divided into three sections. Section One mainly introduces the theoretical sources of judicial theory with Chinese characteristics, including:judicial theory of Marxism, Leninism and MAO Zedong. Section Two is the main part of this thesis, including:rule for the people, the judicial relatively independent theory and the judicial reform theory. Section Three is mainly about the theoretical contributions innovation in studying Chinese characteristic judicial theory. |