Research On The Non-Administration Of Courts Under The Perspective Of Judicial Responsibility System

With the introduction of the Fifth Five-Year Reform Outline of the People’s Courts(2019-2023),the document mentioned concepts such as "refinement","breadth","depth","judicial credibility",and "non-administration".It provides a clear top-level design for the scientific and rational operation of judicial power,and also provides general guidelines for its micro-operation practice.However,in the design of the upper-level judicial power to guide the actual trial operation,many problems have also been exposed,such as the ineffectiveness of the exercise of the independent judicial power,the reduction of the quality and efficiency of the trial,the lack of motivation of the reward and punishment mechanism under the post system,the courts A series of problems such as the bureaucratic operation of internal institutions and the continuous decline of judicial credibility,the core of overcoming these problems lies in how to further promote the operation of judicial power in the perspective of judicial responsibility system.mechanism,blocking the continuation of the court’s administrative tendency at the root of the trial mechanism.Through the implementation of the responsibilities of the judicial body,the optimization and protection of powers and powers,the flattening and shaping of internal institutions,the scientific operation mechanism of judicial power,and the clarification of the power list of each organization in the court,this paper deeply analyzes the actual manifestation of the administration of the court and the non-administration of the court.To prevent the courts from falling into the stalemate of the administrative system and the resurgence of the malpractices of judicial reform,to realize the modernization and non-administration of the judiciary.First of all,in the first chapter,the connotation of the judicial responsibility system is analyzed legally,combined with the interpretation of the connotation of the administration of the court,the essential difference between the judicial power and the administrative power is clarified,the differences between the power structure,attribute positioning and operation procedures of the judicial power and the administrative power in the operation process are analyzed,the logical relationship between the judicial responsibility system and the non-administration of the court is sorted out,and how to remove the administration of the court under the perspective of the judicial responsibility system.Secondly,by analyzing the pattern of the corresponding administrative divisions of the courts and the characteristics of passive dependence on resources,the exploration of the external administrative characterization of the courts is carried out,and the internal administrative characterization of the courts is explored through the obedience thinking of judicial subjects,the subdivision of the functions of internal organs,and the vagueness of responsibilities and powers in the operation of adjudication powers.Moreover,on the basis of clarifying the representation of court administration,by combining the historical causes of traditional judicial concepts and the long-neglected effects of individual cases,the multi-dimensional causes of court administration are analyzed,and the value pursuit of court non-administration is analyzed with "judicial credibility","judicial openness" and "judicial fairness" as the elements of discourse.Finally,combined with the core concept of judicial responsibility system,this paper analyzes the actual dilemma reflected in the practical representation of the external administration and internal administration of the court,and explores how to achieve the breakthrough path of the non-administration of the court under the vision of judicial responsibility.