Research On The Reform Of The Operational Mechanism Of Judicial Power

As the essential factor, jurisdiction undertakes several vital judicial functions. Beginning with the basic theory and development history on the operating mechanism of jurisdiction, this dissertation firstly summarizes the status and problems on the bases of empirical researches on the sample court and cases, then analyzes the systems of collegiate bench, trail committee, and the supporting mechanism in the operation of jurisdiction, and finally explores the feasibility of reforming the present mechanism, as to provide with specific approaches. This dissertation is composed of introduction, epilogue and 5 chapters with the number of words totaling approximately 170,000.Question is the starting point of all social scientific research, and also the origin of any reform measure. As the outset, the introduction clarifies the research purpose, meanings of the procedural law, and the status quo on the problem of the operating mechanism of jurisdiction. Thus, in the introductory part, this dissertation preliminarily emphasizes on discussing problems and briefly presenting the main research methods, for in the past years, jurisdiction was seriously hindered by the problems among handling the cases, court bureaucratization and administration, the mixture of jurisdiction and trail auxiliary power.Chapter ?introduces basic theories of jurisdiction, including the main idea of operating mechanism of jurisdiction, and the influences to the criminal procedural. Therefore, it points out the theme and confines the debatable perspectives. First of all, this chapter define several main concepts such as jurisdiction, the operating mechanism of jurisdiction, and the supporting mechanism in the operation of jurisdiction. After those, this chapter refer to the logical frame of the book named Several opinions about consummating the judicial responsibility system from the Supreme Court of China in order to take this dissertation into four main parts such as the working system of sole-judge trail, the operating mechanism about the collegiate bench system and the trial committee, and the supporting mechanism in the operation of jurisdiction. In the end of this chapter, this dissertation differentiate and analyses three relationships which between the independently operation of jurisdiction and management and supervisory system, the jurisdiction and the trail auxiliary power, court bureaucratization and administration.Aiming at reviewing the developmental process of jurisdiction in China, Chapter ? covers the history of establishment, formation, recovery, and standard development in the operating mechanism of jurisdiction since 1978. Based on official documents issued by the Supreme Court of PRC, this part summarizes the historical origin and foundation of the operating mechanism of jurisdiction in detail, and then, leads to the key and difficult points of reforming the operating mechanism of jurisdiction. This chapter divides this period into three parts: parts one is the period from 1978 to 1999 which is defined to the Preliminary Exploration phase of the Operative Mechanism of Jurisdiction Reform. And taking the clearance of the cadres equipment standards about the courts and the Procuratorates and the unification on litigation document style, this part is also subdivided into three phase of the Preliminary Exploration phase such as the initial recovery phase, the further development, and the concentrating improvement period. The initial recovery phase is from 1978 to 1985, and in this period the national leadership rediscover the important of the rule of law. The further development is from 1985 to 1993, the rewards and punishments measures on judges and the construction of specialized divisions reflect the reforms have been taken into deeper level. The concentrating improvement period is from 1993 to 1999 in which the Supreme Court have taken more reforming measures. Parts two is the period from 1999 to 2012 which is defined to the Specific Exploration phase of the Operative Mechanism of Jurisdiction Reform. In this period there are three five-years reform programs. Parts three is the period from 2012 to the publishing of the Several opinions about consummating the judicial responsibility system from the Supreme Court of China which is defined to the Comprehensively Deepen Exploration phase of the Operative Mechanism of Jurisdiction Reform. In this part the dissertation retrospect several important reform measures in jurisdiction since the 18 th Party Congress of CPC.According to sample analysis and problem-solution logic, Chapter ? has a microscopic investigation respectively on sample court and cases, in order to lay foundations for the demonstration about reform ideas and concrete measures. The two parts surveys the process of consultation between collegiate bench and trail committee, rewrite a case and reevaluate the functions of collegiate bench and trail committee, in the hope of unfolding the problems and seeking for practicable solutions. This chapter chooses a western intermediate court to the demonstration sample which have nearly 20,000 yearly caseloads and have a detailed investigation on the judicial working. And this chapter also choose a homicide and a duty crime case to the sample, having a track inspection to the decision-making process of collegiate bench and the Trial committee in order to summarize the obstacles in the of operating mechanism of jurisdiction.Chapter ? discuss the main problems in the of operating mechanism of jurisdiction, and also take the direction about Chapter ?. On the angle of criminal jurisdiction, this chapter distinguishes the main problem into 2 logic ways such as the basic problems in the mechanism of jurisdiction and the concrete problems about the working system of sole-judge trail, the operating mechanism about the collegiate bench system and the trial committee, and the supporting mechanism in the operation of jurisdiction. About the basic problems, this chapter concludes three parts such as lack of the independence and judge experience and judicial science. On the lacking of independence part, this chapter discusses the jurisdiction is short of power structure, and there is confusion between jurisdiction and the other administrative power in court, and the court trail procedure is not the core step in the operating mechanism of jurisdiction. On the lacking of judge experience part, the cause of which reflects the inner hierarchical setup impede the operating of jurisdiction and trail-center idea. On the lacking of judicial science part, the cause of which reflects the lower power-rank of jurisdiction and the degree of democratization and the external form existing flaws. This chapter concludes several problems respectively about the working system of sole-judge trail, the operating mechanism about the collegiate bench system and the trial committee, and the supporting mechanism in the operation of jurisdiction. About the operating mechanism of collegiate bench, the main problems involve organization establishment and degree of specialization and rules of procedure. About the operating mechanism of trail committee, the main problems involve the weakness on the case trail function and the short of specialization in committee members and rules of procedure. About the supporting mechanism in the operation of jurisdiction, the main problems involve judge education, judicial management and judicial responsibility.Based on all the discussions as mentioned above, Chapter ? puts several specific conclusions on the working system of sole-judge trail, the systems of collegiate bench and trial committee, the mechanisms of trial auxiliary power and the supporting mechanism in the operation of jurisdiction in detail. Considering the dynamic state about this topic, and in order to make conclusions possessing the basic practical operability, and also do not obey the main reform measures from the Central Committee of CPC and the Supreme Court of PRC, conclusions of this chapter mainly are detail optimizing and supplement and complement. At the very beginning, this chapter clear and definite the footholds about all the following conclusions which are the existing explorations and some explorations and has not been touched in the judicial practice, and the context not to mention in the Several opinions about consummating the judicial responsibility system from the Supreme Court of China. On those basis, and also take considerations of the rigorous logic in the demonstration, this chapter propose several reforming ideas on the working system of sole-judge trail, the collegiate bench and trial committee, the mechanisms of trial auxiliary power and the supporting mechanism in the operation of jurisdiction. As for reformation about the working system of sole-judge trail, this dissertation focuses on the specification of trial work model and the simplification of judgment documents and explorations on the responsibility. As for reformation about the working system of collegiate bench, this dissertation focuses on optimization of the organization establishment model and exploring the specification of trial working model and consummating the regulation of bench operating. As for reformation about the working system of trial committee, this dissertation focuses on the mechanism of cases trail and the decision mechanism of vital issues, put forward 1+N ideas and avoidance system. Last but not the least, the dissertation also focuses on the reformation about trail auxiliary and the supporting mechanism in the operation of jurisdiction as well, such as the establishment of competitive training mechanism and optimizing the supervision of process operation and the supervision mechanism on the effect feedback. Otherwise, this chapter also propose the reforming ideas about the three ways about the publicity on judgment documents and the auxiliary body in the operative mechanism in jurisdiction.