On The Administrative Problems And Reform Direction Of Judicial Jurisdiction In China

The administration of judicial jurisdiction has always been the most prominent and thorny issue in China’s current judicial system reform.Its drawback lies in the operation and management of the judicial organs in accordance with the structure,thinking and operation mode of the administrative organs,which has seriously eroded the legal attributes of the judicial organs.How to solve the administrativeization of judicial power is of great significance for promoting the rule of law,ensuring the independence of the trial system,ensuring the fair trial of the judges,improving the quality of case handling,and establishing judicial authority.Therefore,this paper takes the administrativeization of judicial jurisdiction as the research object,analyzes the difference and internal relationship between judicial jurisdiction and judicial administrative power,and the ideal state of the two in the court system,and then analyzes the inherent essence and performance of the administrative power of judicial jurisdiction.Form,root causes and negative influences,and finally explore its direction of reform.The basic point of this paper is: the court as an organizational system,administrative affairs can not be avoided,the existence of judicial administrative power is reasonable,and is very necessary.If the court wants to exercise judicial power in a scientific and efficient manner,it must deal with internal administrative affairs,which requires the service and assistance of judicial administrative power.Therefore,the key to solving the administrative problems of judicial jurisdiction is how to realize the effective division of labor and judicial administrative power,avoiding the confusion between the two,and putting the cart before the horse,instead of discussing the issue of judicial administration in the court.The text of this article is divided into five chapters.The first chapter is a general description of the relationship between judicial jurisdiction and judicial administrative power.It includes three aspects: the first aspect is the comparison of justice and administration;the second aspect is the measurement of the judicial and administrative powers in the context of the court,that is,the respective status and role of judicial jurisdiction and judicial administrative power.It also expounds the ideal state of judicial judicial power and judicial administrative power in the court system,that is,the judicial judicial power plays a dominant role in the court system,the judicial administrative power serves the trial activities and is subordinated;the third aspect is the judicial jurisdiction The generalization of administration,that is,the judicial judicial power and the judicial administrative power are mixed,the judicial operation is operated in an administrative way,and the judicial independence and neutrality are violated.The judicial judicial power has become a vassal of judicial administrative power.The second chapter mainly discusses the specific manifestation of the administration of judicial jurisdiction.From macroscopic to microscopic,it is embodied in four aspects: the first aspect is the administration of judicial purposes and value.Under the leadership of administrative forces,long-term judges gradually generate monopoly,and referees gradually become chasing institutionalized interests.The second aspect is the administrativeization of the trial relationship.The lower court should be the guiding and guided relationship,but the lower court often directly refers to the case according to the instructions of the higher court,and in fact forms the relationship between the leader and the leader.The third aspect is the administrativeization of trial activities.Judges of different levels show obvious inequality.Judges no longer only obey the law,but more like an official,fulfilling the instructions of their superiors.The fourth aspect is the administrativeization of the judge’s hierarchy.The subordinate relationship in the court is ready to come out,and the level in each level and the administrative pedigree of the outside world is one-to-one.The third chapter is to explore the root causes of the administration of judicial jurisdiction.The first is influenced by the type of power organization.According to the two classifications of the United States scholar Miirian R.Dharmashka,China is more in line with the characteristics of “active” countries and is eager to manage all aspects of social life.In a "active" country,trial activities often have an administrative atmosphere;secondly,influenced by historical factors,China has been rich and prosperous since ancient times,with a large population,and the complexity of economy and society is different from other places,and the concentration of Chinese bureaucracy The upward accountability system provides the basic guarantee for such a large organization,and the administrative discourse system permeates all aspects of society in an unprecedented way.The third is the restriction of insufficient state functioning.In the actual situation that China’s society and economy are developing at a high speed,the court has to bear too many administrative tasks that should be completed by the government.The court took the lead in completing political tasks,lost its original passiveness and neutrality,and valued the evaluation of social effects in the case,even the political position it reflected.The fourth chapter mainly analyzes the negative impact of the administrativeization of judicial jurisdiction.The first is to obstruct the rule of law,the identity of the court should be changed,the administrative will replace the judicial justice;the second is to undermine the credibility of the judiciary,and the administration of judicial jurisdiction has caused the leadership and the court between the lower and upper courts to a certain extent.The situation of leadership,so that the appeal that originally belonged to the relief system lost the value and significance that it should have played;the third damage to the quality of the case,the judge had to accept the instructions and requirements of the superior judge,and the judicial power in his hand was small.In the end,it is the breeding of judicial corruption.The judges are good at calculating wages for positions.In the overlap of administrative and judicial exchanges,corruption will inevitably arise.The fifth chapter expounds the reform direction of solving the administrative problems of judicial jurisdiction in China.The first is to define the boundaries of the trial relationship;the second is to ensure the independence of the trial activities;and the third is to advance the professionalization of the judges.The matters originally managed by the judicial administrative power are removed from the judicial trial organization and exercised by the judicial administrative organization,thereby avoiding the administration of judicial jurisdiction and realizing the independence of judicial jurisdiction.