After the late 1950s, especially during the ten-year turmoil of the "Cultural Revolution" (1966- 1976), China's judicial system was once severely damaged. 1978 after the reform and opening up, China summed up historical experience and lessons, established the basic policy of developing socialist democracy and improving the socialist legal system, restored and rebuilt the judicial system, and formulated and revised a series of basic laws. In 1990s, China established the basic strategy of governing the country according to law and accelerated the construction of a socialist country ruled by law. With the social progress and the construction of democracy and the rule of law, the judicial system in China has been continuously improved and developed.
(A) the basic characteristics of the judicial system in China
China is a socialist country under the people's democratic dictatorship led by the working class and based on the alliance of workers and peasants. The people's congress system is the form of political organization in China. China's national system and political system determine that judicial power comes from, belongs to and serves the people. People's courts and people's procuratorates are produced by people's congresses at all levels, and they are responsible to and supervised by the people's congresses.
The people's court is the judicial organ of the state. The state has set up special people's courts in the Supreme People's Court, local people's courts at all levels and military courts to hear civil, criminal and administrative litigation cases according to law, and to carry out law enforcement activities such as civil and administrative enforcement and state compensation. The Supreme People's Court supervises the trial work of local people's courts at all levels and special people's courts, and the people's courts at higher levels supervise the trial work of people's courts at lower levels. In litigation activities, the system of public hearing, collegial deliberation, withdrawal, people's jury, defense, second instance and final judgment is implemented.
The people's procuratorate is the legal supervision organ of the state. The state has established special people's procuratorates such as the Supreme People's Procuratorate, local people's procuratorates at various levels and military procuratorates. The Supreme People's Procuratorate leads the work of local people's procuratorates at all levels and special people's procuratorates, and the people's procuratorates at higher levels lead the work of people's procuratorates at lower levels. The people's procuratorates exercise legal supervision over criminal, civil and administrative proceedings according to law.
People's courts and people's procuratorates independently and impartially exercise judicial power and procuratorial power according to law, and the exercise of their power is subject to the supervision of the National People's Congress, and consciously accepts the democratic supervision of the CPPCC and the supervision of the society.
In handling criminal cases, the people's courts, people's procuratorates and public security organs shall be responsible for the division of labor, cooperate with each other and restrict each other to ensure the accurate and effective implementation of the law. Public security organs are responsible for the investigation, detention, execution of arrest and pre-trial of criminal cases; The people's procuratorate is responsible for the prosecution, approval of arrest, investigation and prosecution of cases directly accepted by procuratorial organs; The people's court is responsible for the trial.
(two) the objectives, principles and process of judicial reform in China.
Since the reform and opening up, China's economy and society have developed rapidly, the public's awareness of the rule of law has been significantly enhanced, the judicial environment has undergone profound changes, and judicial work has encountered many new situations and problems. The existing judicial system and working mechanism are increasingly imperfect and unsuitable, and need to be gradually improved and developed in the reform.
The fundamental goal of judicial reform in China is to ensure that people's courts and people's procuratorates independently and impartially exercise judicial power and procuratorial power according to law, build a fair, efficient and authoritative socialist judicial system, and provide strong and reliable judicial guarantee for safeguarding people's legitimate rights and interests, social fairness and justice and long-term stability of the country.
China's judicial reform has always adhered to the national conditions, not only learning from others, but also not copying, advancing with the times and not blindly advancing; Adhere to the mass line, fully reflect the wishes of the people, focus on solving the problems that the people are dissatisfied with, consciously accept the supervision and inspection of the people, and truly achieve reform for the people, rely on the people, and benefit the people; Adhere to the promotion according to law, based on the provisions of the Constitution and laws, and any conflict with the existing laws shall be implemented after the law is amended; Adhere to overall coordination, overall planning, step-by-step implementation, step by step.
As early as 1980s, China began the reform of trial mode and judicial professionalization focusing on strengthening trial function, expanding trial openness, strengthening lawyers' defense, and building a team of professional judges and prosecutors.
Since 2004, China has carried out a large-scale judicial reform with unified planning, deployment and implementation. Starting with the outstanding problems and key links strongly reflected by the public, in accordance with the requirements of fair justice and strict law enforcement, and starting from the laws and characteristics of judicial organs, we will improve the institutional setup, division of powers and responsibilities and management system of judicial organs, and improve the judicial system with clear powers and responsibilities, mutual cooperation, mutual restraint and efficient operation. The judicial reform in China is moving towards the stage of overall planning and orderly advancement.
Since 2008, China has initiated a new round of judicial reform and entered a new stage of deepening and systematic promotion. Starting from the people's judicial needs, the reform takes safeguarding the common interests of the people and promoting social harmony as the main line, focusing on strengthening the supervision and restriction of power, grasping the key links that affect judicial justice and restrict judicial ability, solving the obstacles of system, mechanism and security, and putting forward specific reform tasks from four aspects: optimizing the allocation of judicial power, implementing the criminal policy of combining leniency with severity, strengthening the construction of judicial team and strengthening the guarantee of judicial funds. At present, the task of this round of judicial reform has been basically completed, and it is reflected in the revised and improved relevant laws. With the continuous progress and development of China's economy and society, the judicial reform in China will be further promoted.