论党的领导与法院独立行使审判权

发布时间：2018-04-26 20:52

本文选题：党的领导 + 审判权　；参考：《华东政法大学》2011年硕士论文

【摘要】：中国共产党是我国的领导党、执政党,坚持党的领导是我国四项基本原则的核心内容,法院依法独立行使审判权是我国“依法治国,建设社会主义国家”治国方略的重要组成部分,二者都是我国现行宪法所规定的原则,正确处理二者关系对推进我国法治建设有着重要的意义。在坚持中国共产党的领导下,法院独立行使审判权是我们处理党的领导与法院行使审判权关系的基本立场。党在我国政治生活中的领导地位从未动摇,坚持党的领导是必须的,而以党治国的治国方略在历史发展中逐渐被依法治国的治国方略所取代,改善党的领导方式也是必须的。历史上党的领导积累了哪些经验?又存在哪些弊端?当今如何改善党的领导?厘清这些问题,有助于正确认识和处理党的领导与法院独立行使审判权的关系。笔者长期在政法委工作,主要从自身工作的实际情况出发,从宪政的视野去研究党的领导与法院行使审判权的关系。采用调查研究、对比研究等方式,客观评价司法实践中的党的领导与法院独立行使审判权的关系,并展开解决该矛盾的一些设想。本论文共分为四个部分,另加引言和结论。引言明确了作者的观点,提出本文的研究目的。第一部分为党的领导与法院行使审判权关系的历史,从历史的延续性的角度,阐述新中国成立以来的四个历史时期二者的关系。第二部分为党组织在保障法院独立行使审判权方面的经验。第三部分是党的领导与法院独立行使审判权的冲突。第四部分是实现党的领导与法院独立行使审判权的若干思考。
[Abstract]:The Communist Party of China is the leading party in our country, and the ruling party, insisting on the leadership of the party is the core content of the four basic principles of our country, and the independent exercise of judicial power by the courts is the rule of law in our country. The important part of the strategy of ruling the country in building a socialist country, both of them are the principles stipulated in the current constitution of our country, and it is of great significance to correctly handle the relationship between the two to promote the construction of the rule of law in our country. Under the leadership of the Communist Party of China, the independent exercise of judicial power by the court is our basic position in handling the relationship between the leadership of the Party and the exercise of judicial power by the court. The Party's leading position in our country's political life has never wavered, it is necessary to insist on the Party's leadership, and the strategy of ruling the country by the Party is gradually replaced by the strategy of ruling the country according to law in the historical development, so it is necessary to improve the Party's leading way. What experience has the Party's leadership accumulated in history? What are the drawbacks? How to improve the Party's leadership today? To clarify these problems is helpful to correctly understand and deal with the relationship between the leadership of the Party and the independent exercise of judicial power by the courts. The author has been working in the political and legal Commission for a long time, mainly from the actual situation of his own work, from the perspective of constitutionalism to study the relationship between the leadership of the Party and the exercise of judicial power by the court. By means of investigation and comparative study, this paper objectively evaluates the relationship between the leadership of the Party in judicial practice and the independent exercise of judicial power by the court, and puts forward some tentative ideas for resolving this contradiction. This paper is divided into four parts, plus introduction and conclusion. The introduction clarifies the author's point of view and puts forward the purpose of this paper. The first part is the history of the relationship between the leadership of the Party and the exercise of judicial power by the court. From the perspective of the continuity of history, the paper expounds the relationship between the two in the four historical periods since the founding of New China. The second part is the experience of party organizations in ensuring the independent exercise of judicial power. The third part is the conflict between the leadership of the Party and the independent exercise of judicial power by the court. The fourth part is to realize the party's leadership and the court to exercise judicial power independently.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D921;D926.2

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