Analysis Of Constructing The Judicial Authority In China From The Appeal-involved Letters And Visits

In the vigorously promote the rule of law in China,the lack of judicial authority is already a phenomenon can not be indifferent.How to construct the judicial authority of China is becoming a matter of concern to every legal person who has a sense of historical mission.During the three years of study and internship,I found that both the city and the rural areas,although China’s legal system has been established,but faced with the lack of judicial authority of the dilemma.The novelty of this paper lies in the analysis of the lack of judicial authority behind the petition letters and letters,and introduces the positivist "introversion" legal authority theory to explore how the judicial authority of our country is constructed.This paper is divided into four parts:The first part,introduction.Through the description of the petition cases represented by the case of Nie Shubin,the plight of the judicial authority behind the tide of the petition is revealed.The second part,involving the petition behind the tide of judicial authority plight.This part analyzes the relationship between petition and judicial authority and the relationship between the two,and points out the impact of the petition on the judicial authority of our country.The third part,positivism "introversion" legal authority view.This part is mainly to Hart’s critique of Austin’s open positivism "introverted" legal authority to sort out.The fourth part,the enlightenment of the "inward-oriented" legal authority of positivism to the construction of judicial authority in our country.This part is based on the positivist "introversion" legal authority,and discusses how to construct the judicial authority of our country from the relationship between morality and law,the unity of local and central legislation and the prevention of miscarriage of justice.