Judicial De-localization And Reform Of Local People's Congress Supervision System

Justice to elimination "localization" is one of the direction of the current judicial reform.If,the justice to elimination "localization" is a judicial policy,how to realize and understand its constitutional basis,is an important problem in the eyes of the law.At the same time,the judicial to elimination "localization" is not the system's internal problems,its relationship with the local people's congress system,is also a major issues of social phenomena.Under the background of justice to elimination "localization",how to adjust the local People's Congress responsibilities? Supervision way how to change? It involves how to understand and balance the judicial democracy and judicial professionalization,and the relationship between the independence.It can be said that these problems to a certain extent,reflects the rule of law in our country at present and the challenge for the democratic process.At present,the study of these problems,the academic community has been involved,but the research direction and research methods,more still remain at the empirical level,especially on the supervision system and the judicial system of tension,only as A kind of phenomenon to deal with,the solution to the problem either in this way that should be simple to deal with,or taboo Mo deep to be avoided,or proposed the program ambiguous,so that the problem back to the origin.The reason is that the characteristics and laws of the democratic system and the judicial system,as well as the resulting contradictions lack of systematic thinking,but also on our entire political system and the political system lack a pragmatic academic attitude.This paper argues that the system of people's congresses and the judicial system are all components of our political system.The two are theoretically compatible.The key to the problem may be to design the system on the basis of distinguishing the two functions.Justice to elimination "localization" to the "judicial" is an opportunity,but the judicial power to get rid of more shackles,judicial independence quality to be more powerful guarantee at the same time,judicial democracy will also be an important factor in the construction of the judicial system.But democratic supervision should respect the inherent laws of the operation of judicial power.In from the Angle of "power restriction power" to "right restricting power," the local People's Congressof the judicial supervision to get a new development space,"soft supervision","consultative supervision" perhaps it is not just to elimination "localization" in order to adapt to the judicial passive adjustment,but the relationship between democratic supervision and the judicial professionalization and independence of effective thinking path.