The Research Of Judicial Management Reform In China

At present,judicial reform in China is in full swing,and a clear task schedule has been set.However,in the process of judicial reform,some problems are not fully studied and demonstrated in theory,and some difficulties are encountered in the process of promoting,and some reform measures are even repeated.The main reasons are the lack of theoretical preparation in the early stage,the theoretical guidance in the middle stage is not timely,and the experience summary in the later stage is not enough.Judicial management is an important part or even the core part of judicial reform.The theoretical support of judicial reform is inseparable from the theoretical research of judicial management.This paper takes the reform of judicial management in China as the research object.For the first time,it makes a comprehensive and systematic review of judicial management from the theoretical and practical aspects,and reviews and summarizes the judicial reform led by the state.It is the first doctoral thesis to discuss the judicial management of courts and procuratorates in parallel.The main structure and content are as follows:The first chapter The basic theory of judicial management.This chapter introduces the theory and development of western judicial power and China’s judicial power from a historical perspective,discusses the essential differences between China’s judicial power and western judicial power,and points out that according to China’s judicial tradition and judicial practice,China’s judicial organs should be positioned as courts and procuratorates.Then,starting from the concept of management,this paper discusses the connotation and extension of judicial management,clearly defines judicial management as "matters and activities closely related to judicial activities and with managerial characteristics in order to ensure the realization of the value of judicial activities by judicial organs in judicial activities",and further clarify the boundaries between judicial management and judicial administrative affairs management,judicial administration,court management,procuratorial management and public security management and so on.The scope of judicial management is limited to "the establishment and organization management of judicial organs,the operation and decision-making management of judicial power,the selection and management of judicial officers,and the management and quality control of judicial cases".Because judicial management is an interdisciplinary subject,it has the essential characteristics of law discipline,as well as the knowledge characteristics of management,sociology and other disciplines.Finally,this chapter discusses the theoretical basis of judicial management from the aspects of philosophy,law,management,economics and so on,and puts forward the principles of judicial management as the rule of law principle,judicial principle,public trust principle,integral principle and contingency principle.The second chapter The historical investigation of judicial management in China.According to the four dimensions of judicial institutions,judicial officers,judicial power and judicial cases,this chapter comprehensively combs the judicial management system in ancient China,and mainly focuses on the feudal society and the legal system before it.This paper introduces the administration of judicial organs from the aspects of the establishment of central and local judicial organs,dispatched judicial organs,specialized judicial organs and grass-roots judicial organs,introduces the administration of judicial officers from the aspects of selection,assessment and responsibility of judicial officers,introduces the management of judicial power from the aspects of collective decision-making mechanism and power restriction mechanism,and from the separation of civil and criminal cases,the management of case handling period,and the supervision of handling cases which introduces the management of judicial cases.Then,the main characteristics of ancient judicial management in China are as follows: high degree of integration of justice and administration,perfect judicial organization,uneven quality of judicial officials,decentralized distribution of judicial power,emphasis on collective decision-making of judicial power,strict judicial supervision,etc.The article holds that some judicial management systems in ancient China are not only in line with the national conditions and practice at that time,but also quite advanced in the history of judicial system,reflecting China’s leading position in the world at that time.Such as the "three legal departments" in the establishment of judicial organs,the "five faults" in the administration of judicial officers,the "division of judicial organs" in the operation of judicial power,and the "three limitation system" in the management of judicial cases.At the same time,we should maintain a respectful attitude towards China’s legal tradition,inherit and carry forward the timely judicial ideas,judicial principles and judicial system as far as possible,and absorb the positive factors in line with the national conditions into the current judicial management system,so as to provide social soil and cultural support for the construction of the new system.The third chapter The comparative study of judicial management in major foreign countries.This chapter introduces the judicial management of the United States,the United Kingdom,which are the representative countries of the common law system and France and Germany,which are the representative countries of civil law countries.It expounds the court system and judge management,procuratorial system and prosecutor management,trial power and prosecution power operation management,judicial case management,focusing on some representative judicial management systems,such as the multi court organization system.The characteristics of judicial management in common law countries are summarized as follows: the court system is complex and multi track,the grass-roots judicial functions are developed,the status of judicial officers is lofty,the procuratorial function is single,the judicial power is effectively restricted,and the management of civil cases is perfect.However,the judicial management of civil law countries presents the diversity of court system There are some characteristics,such as non professional judicial officers,the implementation of the mode of trial and prosecution combined with the court,the clear positioning of the procuratorial organs,and the democratization of the judicial power operation.It is proposed to treat the judicial management system of foreign countries objectively and dialectically,not only to see the advanced side,but also to see the backward or inappropriate side.However,as long as it is in line with China’s reality,promotes judicial justice and does not violate the socialist overall situation The advanced judicial idea,system or mechanism of the principle can be used for reference.The fourth chapter The reviews of the current judicial management in China.According to the new definition of judicial management and the content of four levels,this chapter comprehensively combs and elaborates the current judicial management in China.The establishment and organizational management of judicial organs include the nature,authority and organizational system of judicial organs and the nature,authority and organizational system of procuratorial organs;the management contents of judicial officers include the selection,training,assessment,punishment and professional security of judicial officers;the operation and decision-making management of judicial power include the judicial Committee and President,trial panel and chief judge,collegial panel and the court The power operation of the chief judge,the independent court and the sole judge,the procuratorate includes the power operation of the procuratorial committee and the procurator general,the business departments and the person in charge,the case handling organization and the chief prosecutor;the content of the judicial case management and quality control includes the trial management function and practice of the court,and the case management function and practice of the procuratorate.Then,combined with the investigation of ancient judicial management in China and the reference of judicial management of foreign countries,based on the judicial practice and actual situation of our country,this paper comments on each aspect,analyzes its characteristics and points out the existing problems.There are some problems in the establishment of judicial organs,such as the imperfect organizational system of the court,the unstable functional orientation of the procuratorate,and the difference between legal status and practice;in the management of judicial officers,there are problems such as weak sense of professional honor of judicial officers,low elite procedure of judicial officers,and inadequate implementation of judicial responsibility system;the operation and There are some problems in the operation and management of judicial power,such as the excessive trial power and the current situation of judges,the contradiction between the complex nature of procuratorial power and the single exercise mode,and the insufficient democratization degree of judicial power operation.In the aspect of judicial case management,there are some problems,such as long-term conflict between trial management power and judicial power,unclear business attribute of case management of procuratorial organs,unreasonable distribution of judicial case management functions and inadequate performance of functions.The fifth chapter The conception of judicial management reform in China.Starting from the judicial reform led by the state,this chapter introduces in detail the development process,overall situation and reform effect of China’s judicial management reform,and points out that the key and difficult points of the current judicial management reform are "independence according to law is the core issue,clarifying the political attribute of judicial power and correctly handling the relationship between judicial reform and political reform".This chapter fully draws on the beneficial judicial management experience at all times and in all over the world,and combines with my perceptual experience in the front-line judicial work,and puts forward the overall ideas,objectives,principles,methods and specific paths of deepening the judicial management reform.The content involves the hot spots,difficulties and pain points of the current judicial reform,including the unified management of human and property of judicial organs below the provincial level,the establishment of trans regional judicial organs,the reform of grass-roots judicial organs,the reform of the judicial committee(procuratorial committee),the reform of collegial panel(case handling organization),the improvement of the people’s Jury(people’s supervisor),the classified management of judicial officers,the performance evaluation of judicial officers,and the judicial posts It includes: business security;judicial case process management,judicial affairs management and case quality control.The problems discussed in this chapter are not comprehensive,but targeted.Based on the actual judicial practice and the prominent problems in judicial reform,we should strive to provide a good solution to the problems,and help promote the construction of the rule of law and the rule of law in an all-round way.