Research On The Mechanism Of Court Funds Guarantee In China

The people's court undertakes the important task of safeguarding fairness,justice and punishing crimes according to law,and exercising the state jurisdiction independently according to law is the prerequisite for the court to carry out its work.After the fourth Plenary Session of the 18th CPC Central Committee,judicial independence and judicial justice became the ultimate goal of the new round of judicial system reform.To get rid of the influence of the local administrative power is the necessary prerequisite for the people's courts to exercise judicial power impartially and independently and realize judicial independence.The court funds guarantee work is the important basis for the people's court to carry out the trial and implementation in an orderly manner,and to enhance the business level.However,at present our country court is funded mainly by local financial support,leading to bound the jurisdiction of the court by the local administrative authority at the same time,the fund security mechanism has many shortcomings,therefore,the reform of court funds guarantee mechanism has become an important task of judicial reform.At present,the judicial reform work has entered the pilot phase,in the five years of the transition period,this period is an important period,to explore a new path to the court funds safeguard mechanism the author thinks that,combined with China's basic national conditions,the feasible is the court funds provincial unified management mode,which is the district court below the provincial property by the provincial people unified management,but the general idea is by the provincial government unified security model to the central unified financial security mode transition,the eventual establishment of court funds by central unified security mechanism.In addition,to explore the new direction of the development of the court funding guarantee mechanism,there are many problems that need to be solved,such as the people and property after the provincial unified management,the court funds guarantee channels,how to manage the court funds,etc.,this article will discuss the solution.This article contains six parts:the first part is the introduction,the second part is the present situation and Enlightenment of foreign court funds safeguard mechanism;the third part is the historical review of the court funds guarantee mechanism in China;the fourth part is the present our country court funds safeguard mechanism and case study;the fifth part is the key problems of the guarantee mechanism of funds in China the sixth part is the court;the guarantee mechanism of funds for China's development direction.Through reviewing the literature of foreign court funds guarantee mechanism status and court mechanism to ensure funding for development,and selected the judicial reform pilot provinces to carry out the investigation,were selected in Hainan province is relatively developed area,medium area and relatively backward area court case analysis,analysis of the current mechanism to ensure funding problems,combined with the current court funds safeguard mechanism the actual situation in China,to explore the road of reformation of the guarantee mechanism of funds for domestic court system.