On The Right To The Administration Of Justice

The study of the administration of justice is not only the intrinsic requirement of its own development, but also the rational needs of the reform of the judicial system. The administration of justice, in its modern sense, directly originated from the theory of the separation and balance of powers. It is closely related to justice, and is an administrative authority that has its origin in jurisdiction and serves it. Speaking from the essential characteristic of rights, the administration of justice belongs to the category of the executive power, and it possesses the core features of centralization, command, submission, limited initiative, and limited discretion of the administration of justice. However, the administration of justice is different from the general executive authority in that it is charged with the authority of the relevant civil service associated with administrative activities of justice. Therefore, it possesses the integrated features, and lies in the crossed strip of justice and administration. The administration of justice possesses such core features as ministration, administration, execution, and integration.Most countries in the world have established specialized and independent judicial administrative organs, which have become an indispensable component of modern judicial system. According to different standards, the administration of justice can be classified into different configuration models, but the core authority of the administration of justice is definite, which mainly includes the administrative authority over judicial civil service, the function of the legal system of the government, the leadership of the procuratorial organs, and the execution of the court verdicts.Judicial administrative organs are one of the important principal parts of checks and balances within the judicial system, and they play an important part in the reasonable framework and benign operation of modern judicial system. China's judicial administrative organs have experienced the tortuous course of development and have shared the joys and sorrows of the development process of the democratic and legal system since the founding of the nation. The relevant experiences and lessons must be studied seriously.In these aspects of nature, orientation, function configuration, etc. of China's judicial administration, there exist such unscientific and irrational problems as unscientific division of functions, insufficient checks and balances, profit orientation in judicial activities, excessive exercise of judicial authority by law courts, which naturally causes the dilatation of its core function of trial, the labeling of procuratorial organs as judicial organs, which deviates from the essential property of the administration of justice. These problems are in dire need of being resolved. The rational distribution of the administration of justice must be thrashed out within the overall framework of the reform of the judicial system.The basic paths to realize the rational configuration of the administration of justice include the separation of reconnaissance and detention, the subordination of detention centers under judicial administrative organs, and giving prominence to the social security and reconnaissance functions of reconnaissance organs, the uniform exercise of penalty execution by judicial administrative organs, the implementation of the separation of trial and execution, the execution of civil cases by judicial administrative organs; the partial transference of judicial civil service from law courts to judicial administrative organs. Speaking in the sense of development, the power of prosecution shall be vested in the judicial administrative power by nature.