Social Sciences in China (Chinese Edition)

No.3, 2015

Construction of Judicial Authority in China from the Perspective of National Governance

(Abstract)

Shen Deyong, Cao Shibing and Shi Xinzhou

The Chinese system of national governance includes the Communist Party’s ruling system, the People’s Congresses, the administrative system, the courts and the procuratorate. The neutrality, passivity, independence, and finality of judicial authority reflect the fact that is a non-substitutable element of national governance, and historicity, complexity and changeability of its evolution means that the construction of judicial authority is inevitably a tortuous and difficult process. In view of the functional limitation of judicial authority and its practical consequences, we should focus on constructing a socialist country ruled by law and should optimize the functions of the national governance system, allocate judicial authority in accord with the idea of limits on power, implement judicial authority with a focus on the protection of rights, maintain judicial authority in accord with sound operative criteria, and support judicial authority on the basis of cultivating a culture of the rule of law. At the same time as we optimize the structure of the national governance system itself, we should strengthen its ability to adapt, integrate, achieve its goals, and maintain itself.