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审判权

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The debate mainly focused on three levels, which included what the nature and relegation of administrative adjudgment authority was in terms of legal principle; whether the system between adjudgment body and administration body were "single model" or "dual model"; how to deal with traditional supervisory institution.

争论主要涉及三个层面内容,即法理上行政审判权的性质与归属、体制上行政审判机关与行政机关之间是"一元制"还是"二元制"、传统都察院的去留。

To resolve this problem,we can build different area alternative trialing system and set up a circuit court with reform of the judicial system.

还有学者认为受理权只是管辖权的一部分,完整的管辖权还应包括对案件的审判权[2]。

The cognisance of crimes was considered a natural attribute of the legislature, and the mind of the citizen never ceased to be carried back from the Quaestiones, to the Comitia which had deputed them to put into exercise some of its own inalienable functions.

犯罪的审判权被认为是立法机关的一种自然属性,而公民的心理总是要从"审问处"回复到"民会",是民会把它不可分割的职能的一部分委托给"审问处"执行的。

There can be no doubt, I imagine, that modern ideas on the subject of crime are based upon two assumptions contended for by the Church in the Dark Ages-first, that each feudal ruler, in his degree, might be assimilated to the Roman Magistrates spoken of by Saint Paul; and next, that the offences which he was to chastise were those selected for prohibition in the Mosaic Commandments, or rather such of them as the Church did not reserve to her own cognisance.

我以为,毫无疑问,对于犯罪问题的各种现代观念,都根据"黑暗时代"教会所主张的两种假定——第一,每一个封建统治者在他的地位上得比拟于圣保罗所谈到的罗马高级官吏;其次,他所要惩罚的罪行是"摩西十诫"中规定要禁止的,或是教会并不保留在其自己审判权之内的。

Like the Quaestiones, the Courts of Queen''s Bench, Common Pleas, and Exchequer were all theoretical emanations from a higher authority, and each entertained a special class of cases supposed to be committed to it by the fountain of its jurisdiction; but then the Roman Quaestiones were many more than three in number, and it was infinitely less easy to discriminate the acts which fell under the cognisance of each Quaestio, than to distinguish between the provinces of the three Courts in Westminster Hall.

正和"审问处"一样,后座法院(Court of Queen''s Bench)、民事高等法院和理财法院在理论上都是从一个较高的权威分出来的机关,并且每一个机关都分别主管一类特种案件,这类案件被假定是由其管辖权的泉源委托给它的;不过当时罗马"审问处"在数量上远不止三个,如要把分属于每一个"审问处"审判权的各种行为加以区别,远不及把韦斯敏斯德三种法院的范围加以划分那样便当。

The perfection of the judicial system is the foc...

司法制度的完善是法治进程中构建和谐社会的重要着力点,从权威司法观念的树立、实现法院审判权、责、信的统一、保障法官独立行使审判权等方面对司法制度予以完善,是构建和谐社会的必由之路。

Taking the important thought of "the Three Stands-for" by the General Sectary Jiang Ze-min and the working subject of "Justness and Efficiency" of the People" Courts for the 21st century for the guide, combining with the practice of the reform of civil trial system which is going on in China, the writer , by means of comparative and historical study, held that the forming of the civil trial power in our country should reflect the new "Convenient- to- Both Principle" that is going along with the era; that is, the principle of "not only convenient to take advantage of the procedure system by the party, but also convenient to exercise the trial power independently and impartially by the People" Court ."

作者以江总书记"三个代表"的重要思想为指导,以人民法院二十一世纪"公正与效率"的工作主题为指针与导向,结合我国民事审判体制改革的实践,采取比较研究和历史研究的方法,主张我国民事审判权的构筑应当体现与时俱进的新"两便原则",即既"便于当事人利用诉讼,又便于人民法院依法独立公正地行使审判权"。

Starting from the deepgoing analysis of the concept of adjudicative power, this article sets forth a concept in a formal sense in judicial theory ---- administrative power in adjudicative power.

文章从对审判权概念的深层次分析入手,提出了一个在审判理论中具有形式意义的概念——审判权中的行政权。

At present, it is the focus of the judicial reform in our country. But the jurisdiction must be supervised because of the theoretic facts such as the idea of judicial justice, the power character of the jurisdiction and the subjectivity of the trial procedure. In the practice, the supervision to the jurisdiction is necessary because of the low-level quality of the judiciaries and the lots of judicial corruption phenomena.

实现审判独立无疑是我国当前司法改革的关键所在,但审判独立不是绝对的独立,司法公正理念的根本要求、审判权的权力本性、审判权运行过程的主观性等三个方面决定了必须对审判权实施监督;而我国目前法官队伍的素质不高、司法腐败现象普遍等也决定了必须对审判权实施监督。

In our opinion, there are conflict and coherence relation between the trial independence and the supervision to jurisdiction, so the supervising limit should be "not to damage the self-governed jurisdiction", and the measuring criterion to the base line is that the supervision should not impact the inner assurance when the judiciaries judge the case facts and the needing laws.

我们认为,对审判权的监督与审判独立之间既存在对立冲突关系,也存在和谐统一关系,对审判权的监督应以不损害独立审判权为底线,而衡量这一底线的标准应是&不能影响法官在认定案件事实和决定适用法律时的内心确信&。

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