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1、1Analysis of the local judicial provisionsAbstract judicial interpretation, and local laws and regulations, local government regulations and legal sources, the local judicial provisions is not a legal concept, but a convention is called, and some will be referred to as the “local judicial documents
2、from semantic point of view, “file” is broader than the meaning of the provisions, contains instruments material generated on a specific matter, provides that “only refers to a certain type of matter develop more formal general rule, be seen with provides that “the general rule to title the local ju
3、diciary to develop a more formal and explicit terms, so I unified text using the concept of the local judicial provisions. Paper Keywords local judicial court criminal provisions A local judicial provisions under the dual functions of the court The administration of justice is the statutory function
4、s of the court. However, in addition to external authority, the subsisting and running of any organization 2can not be separated from the internal administration, in reality, the national courts by people (judges and other support staff), budget and expenses, also bound other office work, and theref
5、ore, there will always be within the Courts administrative affairs. court administration is not directly related to the operation of the court and the the case entity referee and procedures, systems, internal or external affairs, the means and methods of administration to manage the administration o
6、f the court can see, the function of the Court has the dual attributes of the judicial and administrative management, the former is external, the latter within the system. court properly exercised jurisdiction the protection of human, financial, material, information and other aspects of the court a
7、s the functions of an organization must have. The functions of the court can be divided into the administration of justice and administration, corresponding to the provisions formulated by the court can be divided into the matters of the administration of justice, the court administrative matters re
8、quirements. 3Although the administration of the court is very important dislocation administration and even interfere with the impartiality and neutrality of the judicial trial, such as layers of approval of the court within the system and on the lower court system of referrals to impede the jurisdi
9、ction exercising scholars widely criticism However, because the issues are very complex administrative and executive powers should have greater flexibility, which determines the law can not and should make uniform provisions of any administrative matters, such as the law impossible on the court file
10、, judicial statistics , executives and the supernumerary personnel management. therefore, in this respect, the courts at all levels should have and in fact had the right of a large rule-making power I believe that, for administrative matters, in order to ensure judicial neutrality, the law is necess
11、ary to the trial makes specific provision for the organization, the lower court relationship, court personnel, and to ensure funding for the trial supervision and other administrative matters, the court shall enjoy full autonomy. Judicial trial, however, must comply with the 4statutory substantive l
12、aw and procedural law, judges can freely interpreted the limited space. Fact, the judicial trial provisions enacted by the District Court has been experienced with the legality of torture, therefore, I will focus on local Court justice provisions enacted to guarantee the exercise of jurisdiction ove
13、r study (unless otherwise noted below local judicial provisions is the sense in order to avoid generalities and talk, This will be the District Court criminal provisions as the main material, the courts and other organs to develop regulations necessary I also included in the scope of the study. Link
14、s to free papers Download Center http:/local the judicial rulemaking background its role (A social background: the actual situation in regional differences Differences in social development will inevitably be reflected in the field of justice, and judicial requirements for compliance with local char
15、acteristics. Precisely because of the differences in China has a vast territory, around a large, unified legal system is often difficult to fully reflect the legitimate interests of the hundreds of local units, plus lag to develop a unified 5national legislation or judicial interpretation, all over
16、the court had to “do it yourself”. example, the Pearl River Delta cities alien serious juvenile delinquency, the special groups in the application of non-custodial sentence is often not equal treatment for the Guangdong Provincial Higher Peoples Court formulated in conjunction with other units the About to further establish and improve the handling to handle the implementation details of the system of juvenile criminal cases, the applicable non-custodia
