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十八届三中全会后,新一轮司法体制改革正在积极酝酿。《中共中央关于全面深化改革若干重大问题的决定》提出了司法区与行政区适度分离的司法体制改革设想,司法区与行政区适度分离的体制与机制问题的设计与探讨成为迫在眉睫需要予以关注的时代课题。本文在对司法区与行政区之间关系进行实证考察的基础上,深入阐述了司法区与行政区适度分离的意义和价值,尝试性地对司法区与行政区适度分离的体制和支撑机制进行建构,并提出了在推进司法区与行政区适度分离的司法体制改革中应当坚持的基本原则。
After the Third Plenary Session of the 18th CPC Central Committee, a new round of judicial system reform is being brewed. The Decision of the Central Committee of the Communist Party of China on Some Important Issues of Deepening the Reform in an All-round Way proposes the idea of a judicial system reform that gives a proper separation of the judicial district and the administrative district. The design and discussion of the system and mechanism for a proper separation between the judicial district and the administrative district has become an urgent topic that needs attention . Based on the empirical study of the relationship between the judicial district and the administrative district, this article elaborates the significance and value of the proper separation between the judicial district and the administrative district, tentatively constructs the system and supportive mechanism which are appropriate for the separation of the judicial district from the administrative district Put forward the basic principle that should be adhered to in the judicial system reform that promotes the proper separation between the judicial district and the administrative district.