| With the release of the Fifth Five-year Reform Outline(2019-2023)by the Supreme People’s Court,a new round of judicial reform has been pushed forward in depth.The judicial system of contemporary China is facing a profound historical transformation.For judicial reform,the value of judicial evaluation lies in the ability to guarantee the efficient and smooth progress of judicial reform through systematic,objective and comprehensive evaluation,and realize the supervision and control of the judicial reform process by citizens,social organizations and public power organs.The practice of judicial evaluation in the world for nearly half a century,together with the exploration of judicial evaluation in China for nearly two decades,government agencies,court systems and independent third parties have all carried out rich experience in trying.However,these tests did not form a set of clear objectives,logical rigorous,unified value of the evaluation criteria.Due to the lack of a complete construction theory,China’s current judicial evaluation target value direction is unclear,in the specific operational level has produced a series of problems.The actual operation effect of various judicial evaluation is not thought,and the conclusion of evaluation is questioned.Based on the current domestic and international main judicial assessment of background,the generation of evaluation target,evaluation index set,the choice of evaluation methods,the actual running effect,on the basis of a detailed investigation and evaluation of domestic law judicial practice evaluation target,evaluation object,evaluation subject,evaluation content,evaluation method and technology of the comparative analysis and experience summary.This paper conducts field investigation into the court system,summarizes the practical difficulties of judicial evaluation practice and reflects on its causes,and then analyzes the problems in the construction level of judicial evaluation.Adopt the method of historical analysis,from a macro perspective of judicial reform,combining with the knowledge of the psychology,the appraisal,explore the causes of the problems in the judicial,clear justice assessment to take into account in the process of constructing system set up the equilibrium and the value distribution equilibrium,point out the development of our country under the rule of law determines the judicial justice of the construction of evaluation index system of value into the road.In January 2021,the CPC Central Committee issued the Plan for Building the Rule of Law in China,which calls for improving the legal guarantee system for social fairness and justice in unswervingly following the path of socialist rule of law with Chinese characterristics.The judicial system is a guarantee system for the construction of the rule of law in China.Deepening the comprehensive reform of the judicial system is the system environment in which the judicial justice evaluation is embedded.The rule of law theory is the "meta-theory" of judicial justice evaluation.Under the rule of law theory,"judicial justice" involves the whole process of judicial operation.Justice assessment must be strictly in accordance with the law,follow the rules of the law of judicial operation,the main body of psychological and evaluate learning rule,on the basis of objective and neutral,according to the rule of law concept of operation,from the norms of justice index and value index,the effect of justice index value of the three dimensions of constructing evaluation index system of justice theory.With the rule for the approach to build the value of justice "value",build a set of clear goals and indicators set careful justice evaluation index system,flexible choice of evaluation methods and techniques,process and result,and improve evaluation quality,and the effect,the internal governance and external governance functions of justice,promoting the modernization of national management system and management ability.This paper consists of an introduction,five chapters in the main body,conclusion and appendix.The first chapter is the basic category of judicial justice evaluation.This chapter mainly defines and explains the basic theoretical issues involved in the judicial justice evalu-ation.Through the historical origin of the concept of judicial justice and illustrates the modern implication,the composition of the conditions of clear evaluation horizon,judicial justice,which will be referred to in this article the "judicial justice" is defined as a certain evaluation subject to judicial justice value reference design number of evaluation index,management of the people’s court of justice,judicial operation and judge the quality of the behavior and the referee to comprehensive evaluation of the activity.The characteristics,main functions and four different types of evaluation of judicial justice are defined.The second chapter analyzes and compares the practice of judicial evaluation at home and abroad.This chapter is mainly based on the theory of evaluation,using the research logic of "critique--rationality",the domestic and foreign judicial evaluation with "judicial system","judicial efficiency","case quality" as the object of the "type" comparison.Specific include:(1)typed foreign judicial assessment: assessment for the judicial system,including "world justice engineering index evaluation under the rule of law"(WJP),superior court international framework standard assessment(IFCE),the United States in1990,the reform of the civil judge law(CJRA),the United States criminal court performance standards(TCPS),the United States court of first instance operation standard;Judicial efficiency evaluation: Judicial performance evaluation mechanism in the United States(4 kinds),Nova Scotia Judicial Development Plan(NSJD);In order to evaluate the quality of cases,this paper mainly introduces the case quality evaluation system(PVRO)of Holland and the judicial quality evaluation system of Rovaniemi Intermediate Court District Court in Finland.(2)Typed domestic judicial evaluation: including the practice of judicial evaluation from the perspective of rule of law evaluation;Judicial index evaluation practice;For the evaluation of judicial efficiency,such as the Wuxing District Court Judicial Transparency Index Experi-ment in Zhejiang,the Xi ’an Intermediate People’s Court Trial Human Resource Allocation Evaluation;To investigate the judicial performance evaluation carried out by the court;Case quality assessment and judicial credibility assessment.With the attitude of critical inheritance,this paper investigates the system design,actual operation and evaluation effect of various types of judicial evaluation,summarizes the experience and lessons of its success or failure,and carries out a comparative analysis of each element of judicial evaluation at home and abroad.The third chapter is the practice reflection of judicial evaluation in our country.First of all,on the basis of the analysis of the foregoing data,combined with the information feedback of the court system to carry out the field survey,the paper summarizes the practical difficulties of the current judicial evaluation in China.Comprehensive considerations led to court,the judge group concerns and helpless,and the realistic requirement of lawyer group,the parties and the public blindly follow a few Angle,to our country in the practice of judicial appraisal evaluation value is not clear cause,mixed evaluation index and index of logic is not strict,between the value of disequilibrium problem parsing,and indicate that generated by the main reason for difficulties in judicial assessment in our country.Secondly,the judicial evaluation in the macroscopic judicial reform field to trace the source of the problem.Our country judicial system design from the "judicial negative doctrine" to the evolution of "judicial activism",our country’s judicial reform will "case law mode" to "statute law mode" into,make the judicial responsibility structure of China,shall be borne by the court state guarantee judicial justice social effect,judge for citizens safeguard judicial justice of legal effect of the dual model "judicial",is transformed into the burden of the judge judicial legal effect and social effect of "judicial meta model".The direction of the system reform deviates from the design of the system,which leads to the imbalance of the current judicial responsibility system.Thirdly,to sum up,the balance between the judicial evaluation system,the judicial responsibility system and the judge’s professional security system is the problem that must be solved in the system design of judicial justice evaluation.The psychological attribute of the public interferes with the social effect of judicial evaluation,which deter-mines that the promotion of "judicial service" must be emphasized in the system design of judicial justice evaluation in the future.Over-emphasis on the core function of measure-ment index and neglect of the basic law of judicial evaluation determines that judicial justice evaluation must follow the objective law when choosing methods,and pay attention to the comprehensive consideration of internal and external evaluation,quantitative and qualitative evaluation,daily evaluation and annual sampling inspection,closed evaluation and open evaluation.The fourth chapter is the choice of the way of judicial justice evaluation.First of all,on the basis of the already typed in judicial assessment discussion,under the background of the rule of law construction in China to the economic concept of justice,justice is the primary justice clear specification(justice),corrective justice and the rule of law is the key to run the value of justice(that is,the value of justice),the effect of the ultimate goal of the rule of law is justice(that is,the effect of justice).Secondly,by summarizing the contents of specific indexes and refining the value elements,it is pointed out that the judicial evaluation at home and abroad has gradually changed from the "system-based approach" to the "value-based approach" in the choice of approaches.Based on the comparison of the evaluation elements of the two approaches,the hermeneutics cycle theory is used to evaluate the advantages and disadvantages of the two approaches.Third,combined with the analysis of the top design of the judiciary,the development of the rule of law in China determines that the value of judicial justice evaluation must be diversified,and the implementation of Xi Jinping’s thought of the rule of law determines that the subject of judicial evaluation must be diversified,and determines that the evaluation index system of judicial justice must adopt the "value-oriented approach".The value approach of judicial justice evaluation is a realistic choice to ensure the effectiveness of judicial evaluation practice.The fifth chapter is the construction of the evaluation index system of judicial justice.First of all,make clear the elements of the three value benchmarks of judicial justice evaluation.Standardizing justice should pay attention to the perfection of legal system and the supremacy of law;Value justice should pay attention to due procedure,individual justice,judicial efficiency and human rights protection.The effect justice should focus on the division and the end of the dispute,according to the law,choose the law,participate in the judicature,belief in the rule of law.Secondly,in order to solve the problems of inaccurate data collection and low credibility of evaluation conclusions in judicial evaluation practice,the construction of judicial justice evaluation index system must strictly follow the principle of setting up according to law,respecting the principle of law,and the principle of objectivity and neutrality.Finally,according to the above principles,the logical analysis method is adopted to arrange the logical hierarchy of index design on the basis of analyzing the stylistic arrangement and linguistic logic of each value element in policies and regulations.The establishment of the index system is carried out around the three value benchmarks and nine dimension nodes of "judicial justice".The normative justice index includes four secondary indexes: professional quality,career management,career security,and curbing corrupt-tion.The value justice index includes four secondary indexes: judicial procedure,individual justice,judicial efficiency and judicial human rights.Effect justice includes four secondary indicators: judicial identification,judicial participation,judicial openness and judicial service.There are 37 three-level indicators of the creation of normative justice,46 three-level indicators of value justice and 51 threelevel indicators of effect justice.Conclusion summary,reflection and anticipation.Conclusion: Judicial justice evaluation in the comprehensive reform of judicial system.Judicial justice evaluation system is a guarantee system of the rule of law in China,and its construction theory must be integrated into the macro theory of judicial reform.Follow the rule of law theory to ensure the logical integrity of the construction of judicial justice evaluation index system;The system balance of judicial justice evaluation index system can be guaranteed by the comprehensive supporting system of judicial evaluation system,judicial responsibility system and judge’s career security system.To increase judicial openness and enhance judicial services to ensure the construction of the judicial justice evaluation index system structure balance.Reflection: The theory of constructing the evaluation index system of judicial justice is the theory of practice.From the perspective of evaluation,the practice of judicial justice evaluation is a process of constant "trial and error".Judicial justice evaluation should make the setting of evaluation objectives "organized",that is,through the formulation of targeted and clear small evaluation objectives to carry out special evaluation,clear target;The selection of evaluation indicators is "motorized",which is flexible and convenient to select evaluation indicators according to the characteristics of the objects on the basis of clear evaluation objectives and objects.The selection of assessment methods is "integrated",with equal emphasis on procedures and results,the combination of positive incentives and reverse promotion,and the guarantee of "validity" by improving "reliability",which is scientific and rigorous.Outlook: the future development of judicial justice evaluation led by judicial big data.The improvement of judicial big data technology has expanded the thinking of judicial management,provided an opportunity for the unification of the standard and scale of law application and the realization of "similar cases with the same judgment".However,big data technology relies on the digitization and symbolization of justice,which is contrary to the rational nature of judicial judgment.The natural fallibility of justice determines that the use of big data technology in judicial justice evaluation must be cautious.The "judge portrait" based on big data technology for judge’s trial habits and preference may lead to judicial injustice.Therefore,we should pay enough attention to the application of big data and intelligent application of judicial evaluation.The appendix... |
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