Study On Relationship Between The Political And Judiciary Commission Under The Committee Of The CPC And Judicature

The Political and Judiciary Commission(PJC) under the Committee of the CPC is established as a functional department in the CPC, through which the CPC can realize the leadership of those works about political and judicial(P&J).It is called PJC under the central Committee of the CPC at the central level, while spreading to county at the regional level. As an important part of Chinese P&J system, the PJC also poses a profound influence on the judicature system, which not only leads judicature departments in a macro scale, but also coordinates related works in detail. This thesis will mainly focus on the relationship between the PJC and judicature, under the background of construction of law-ruled China and reform of judicature system, based on adhering to law-ruled spirit and complying with realistic country states. From the viewpoints of historical evolution of the relationship between PJC and judicature,relationship and effects between the CPC and judicature, current status of the relationship between PJC and judicature, and further operations between grassroots PJC and judicature, we have deepened jurisprudence cognition and reality understanding of such relationship, and then proposed the basic attitudes towards reform of system of the PJC and judicature, as to search for the proper and effective strategy in a gradually way at current stage.This thesis can be divided into five parts.Part 1:Introduction. In this part, a series of policies and regulations about construction of law-ruled China and reform of judicature system are listed, on which the current chance confronted with the relationship between the PJC and judicature has been proposed for illustrating the background and significance of this work. Then the goal and issues to be resolved are exhibited through analyzing the current status of research on the relationship in China and foreign countries.Part 2:Outline of the relationship between the PJC and judicature. In this part, firstly, the structures and system development of the PJC are introduced. Secondly, concepts of China judicature and system design are analyzed. Thirdly, the historical evolution of the relationship between PJC and judicature is resolved. From the above three aspects, we expect to make analysis and assessment of the PJC and judicature and their relationship.Part 3:Effects of relations between the CPC and judicature on system of the PJC and judicature. In this part, justification, necessity and diversity of leadership of the CPC over judicature are evaluated comprehensively. On the basis, we correspondingly analyze the realistic foundations of jurisprudence, history and reality, and realistic necessity of PJC-leaded judicature, and then demonstrate the consistency and discrepancy between CPC-leaded and PJC-leaded judicature.Part 4:Current status of relationship between the PJC and judicature. In this part, on the basis of objective evaluation of the politics, thinking and organization of judicature leaded by the PJC, we analyze the realistic roles and unresolved issues in positive and negative aspects when the PJC guides the judicature functions. Moreover, we take City Z as an example, and then make empirical investigation on the relationship at grass-roots level, so as to get a better understanding of realistic operations of the relations between PJC and judicature.Part 5:As the most important part, this part focus on probe on legal analysis and reform strategy of the relationship between PJC and judicature in construction law-ruled China. Firstly,From the nomology point, we elucidate the inner relationship, limitation definition and supplementary benefits between the PJC and judicature. Secondly,from a macro point, Further we establish basic attitude towards reform on the system of the PJC and judicature, which is to objectively evaluate the realistic roles and unresolved issues for keep a balance of the relationship between PJC and judicature. Finally, from a micro point, we propose detailed policies to deal with the transformation of working ways of the PJC and the reform of judicature system. The policies are listed as following: from level of the relationship,to identify function positioning and reformed role of different parts; from level of the PJC,to ensure that judicial policy can be legalized, law-enforcing supervision can be standardized, and comprehensive administration can be monocracy, so as to guarantee judicial agency to exercise judicial power independently;from a judicature level, to promote improvement of classified management of judicial staff and judicial responsibility, to complete job security, and to advance reform of judicial system, in which the unified management of human, financial and material resources in courts and prosecutor below provincial level.