瘾性埋婚txt下载:judicature independence

The reform in legal system is one of the important forms of law development. It means reforming from the content to the form of law, from the enactment to the enforcement of law, to meet the needs of changing society. Here, I just want to talk about the characteristics and reasons of the reform in legal system.
The initial aim of the reform in legal system is mainly to establish an efficient and coordinated legal system. So, its tasks are to create some branches of law, draw up new laws, and abandon or modify some old laws. For example, during the process of reformation, China has created the economic law, the business law , the environmental law, and so on. In more than 2000 laws and regulations issued from 1949 to 1979 , half of them were abandoned, one fourth were modified, and one fourth keep valid.
With the improvement of the legal system, people pay more attention to the effect of law. First, people are more concerned with the operation of law in legislation. Second, the reform in the system of judicature is put on the agenda. Third, the improvement of the supervisory system of law is paid more attention. In short, in this stage, the core of reformation is to improve the operating system of law.
But, what’s the ultimate goal of our reform? I think it is to realize rule by law. Meanwhile, to protect the rights of citizen is also its mission.
As we see, the reform in legal system is always accompanied by other social reforms. It’s one of the characteristics of the reform in legal system. Besides the inner conflict between laws, the reform in economic system and political system are the impetus of reform in legal system.
Only if the law adapts the development of society, it could bring its functions into play. But ,the reform may be a long process, and we look forward to the coming of a society ruled by law.

Division of the science of law（法学体系的划分）
The system of the science of law is an interrelated entirety made up of many branches of the science of law. As a theoretical system, it is changing with the legal theory and practice of law.
To specialize the research, people divide the system of the science of law into many concrete branches according to certain criterions. But because of different angle of observation and research, the division varies from person to person. On the whole, criterions are mainly following: taking the object of research as criterion, the system is divided into the science of Constitution, the science of penal law, the science of civil law and so on; taking the level of research as criterion, it is divided into the science of theoretical law and the science of applied law. The other criterions are the scope of research, the method of research and so on. But to evaluate if such division is scientific, two factors should be considered. The first is whether the division accords with the real appearance of the science of law. The second and more important is whether the division accords with logical rules.
In china, the division of the science of law shows a complicated picture. Some scholars divided it into five classes. They are the science of theoretical law , the science of applied law, the science of the history of law, the science of domestic law, the science of international law. Some scholars divided it into six classes. They are the science of theoretical law , the science of the branch of law, the science of the history of law, the science of legislation, the science of international law and the science of marginal law.
The phenomenon of the science of law has complicated relations, so it is difficult to find a division which is perfect. It just depends on whether the division accords with the appearance of the science of law and which one is accepted by people more easily. So, I agree to such division, which divides the system into the following classes: the science of theoretical law, the science of applied law, the science of the history of law, the science of comparative law, and the science of marginal law.

Talk about WTO
WTO is the abbreviation of the world trade organization. It is created in January 1 st, 1995, whose precursor is GATT. Its general headquarter is in Genevese, Switzerland. WTO is the biggist trade organization in the world. There are 137 members in WTO now, the gross trade of which occupies above 95 percent of the world trade. WTO, world bank and international monetary fund are called the three pillars of the world economic system.
After the effort of 8 years, China entered WTO successfully in the late 2001. It is an opportunity, but also a challenge.
One of the most essential tasks confronting us at present is to abolish the relevant laws and regulations conflicting with the WTO conventions and enact laws that are applicable to those of the WTO. For example, the criminal law of the P.R.C should further improve the relevant rules and regulations concerning the object of trademark protection, the scope of the counterfeit trademark as well as some other crimes against trademark.

The present situation of judicature（司法制度现状）
Judicature is one of the important forms of the enforcement of law. In China, the subjects of judicature are only the court and the procuratorate. Relevently, the system of judicature is made up of two parts: the system of people’s court and the system of the people’s procuratorate.
In China, the power of judicature is divided into the powers of adjudication, powers of prosecution and the powers of legal supervision. The people’s court exercise the powers of adjudication, and the people’s procuratorate exercises the powers of prosecution and the powers of legal supervision.
From the foundation of China, three main procedure laws were issued in succession. They are the criminal procedure law, civil procedure law and administrative procedure law. In trial, the court follows the principle of public trial, the independence of judicature, the system whereby the second instance is final, the people’s jury system and so on.
The procedure of lawsuit mainly contains the procedure of first instance, procedure of second instance, summary procedure, procedure for trial supervision and procedure of execution.
Now, we are improving the system of evidence, procedure for review of death sentences and so on. To view the China’s system of judicature, we may see that the legislation concerning procedure law is in the process of further improvement, and judicial reformation is also under way.

Talk about the system of lawyer（律师制度）
In China, to be a lawyer, you should pass the national judicial examination first. Then, after the practice in a law firm in one year, you can get the qualification of lawyer. If you want to provide legal service to the public, you should join a law firm. Or you will violate the law.
The lawyer has the obligation of maintaining secret for his customer. According to the law of lawyer, the lawyer should maintain the state’s secrets and his customer’s commercial secrets which he knows because of his work, and the lawyer should not let out the privacy of his customer. If a lawyer lets out the state’s secret, his qualification would be revoked and he may be investigated and affixed criminal responsibilities. If he lets out his customer’s commercial secret and privacy, he would be warned by the judicial and administrative department, or his qualification would be suspended for at least 3 months, but not more than one year if the plot is serious. In my opinion, this punishment is a little light. It is not enough to be a deterrent for lawyer who lets out his customer’s secret.
Sometimes, the benefits of lawyer and his customer may conflict. So, the law prohibits the lawyer asking his customer for extra properties. And the lawyer must not exempt his civil responsibilities for the damage caused by his illegal activities or mistakes.
In the court, the lawyer has the obligation of withdrawal, and the obligation of authenticity. He must not forge evidence, or change the content, form and nature of the evidence illegally. And he must not threaten ,lure someone to provide false evidence.

vvvThe system of civil code(民法体系)
About the system of China’s civil code, there are three standpoints in the field of the science of civil law. They are idealism, romanticism and realism. The idealism holds the Roman law in esteem, aiming to promote the status of personal law. The romanticism advocates to draw up a loose civil code. While the realism stresses to respect the custom of our legal system, preferring the system from overall to fraction.
But about the concrete design of civil code, though there are many suggestions, most scholars choose the stand of realism. For example, some scholars think the civil code should contain six parts as follows: the general principle, personal rights, real rights, intellectual rights, rights of inheritance, creditor’s rights. Some scholars deem the civil code should contain seven parts, as follows: the general principle, real rights, creditor’s rights, rights of relative, rights of inheritance, intellectual rights and torts.
The views above have some resemblances in content, but also have many differences. The question is why they all choose realism in the design of the system of civil code. In fact, there are two style about the system of civil code. One is the style of Roman, accepted by France, Italy and so on. The other is the style of Germany , accepted by Germany and its followers. From the reform in legal system in the late Qing Dynasty, we have accepted the style of German’s system of civil code and its concepts, principles, institutions and theoretical system. The arrangement of chapters and sections, concepts we are using and system of civil rights in the general principles of civil law in force, apparently drawn lessons from German’s civil code. So, it is not surprise that so many scholars choose the realism.

The relation of law and society(法律和社会的关系)
The relation of law and society is very close. The morality, custom, science and technology, politic, population, environment and especially the economics influence the law to different degree. As we know, the law regulates all kinds of social relations. So they always influence each other, and supplement each other. Here, I just talk about the relation of law and economics, the relation of law and environment.
From the origin of law, we can see that the law is a result of exchange of commodities. About this question, Marx had said “ exchange exists first, then it develops to be law”. With the development of economics, the law is becoming prosperous. It plays an important role in the areas of macroeconomics-control and market supervision. The law is the economics’ guidance, promoter and guarantee. On the other hand, the economics also promotes the advance of legal system.
The environment is the important content of social sustainable development. And as the importance and seriousness of the environmental problems, the environment becomes the regulated object of law. The science of environmental law came into being. It plays important part in protecting and promoting the environment.
In a word, the law is a kind of useful tool to make our society orderly and harmonious . in other word, the operation of modern society needs law to regulate. In this process, the content of social life enriches the regulated objects of law.

The method of study of law(学习法律的方法)
The method of study of law varies from person to person. Roughly, there are two methods. The first is learning from legal books,as most of law students do. The second is learning from our life. The former makes study of law systematically, while the latter makes study lively.
I think the latter method is more important. As we know, the law comes from our life, though it is written by men. Moreover, the purpose of learning law is to use it in our life. So, to see, to listen, to experience, to think all kinds of events related to law is very important. Of course, law books may be useful, especially when meeting some difficulties about the meaning of regulations.
Actually, remembering all kinds of concepts and regulations is not enough. I think understanding the spirit of law is necessary and useful. For example, we stress autonomy in our private law, but we still see some regulations violate this principle. Another good example is a judge who deals with civil actions specially may meet a case, which has no corresponding rules to cite. In this situation, the judge had better appeal to the spirit of law to solve this problem.
In a word, the best method of study of law is the one which is suitable for yourself. I think combing theory and practice closely is a good and necessary method.