On China's administrative system of trial management

Abstract trial management system and judicial government management, personnel management system together constitute the three pillars of the court management system. With the deepening of the process of judicial reform, the Chief of trial management system has been showing problems, the whole process of judicial reform as a constraint is a major bottleneck. In this paper, for the main trial management system reform process start by analyzing various trial management system exposed by the Chief of the problem, which produces such administrative Probe the underlying causes of the problem, which put forward some specific reform measures.

Paper Keywords reform process system reform measures and defect

Chief of the shortcomings in the administration of justice, as the trial reform and judicial procedures and continuous deepening of reform and show it, and as a constraint to further deepen the reform of the judicial important bottlenecks. To the 20th century, the administration of trial management issues by theory and judicial practice of common concern, direction of judicial reform began way from trial and trial procedures of administrative reform steering trial management system reform.

First, the process of trial management system reform

(A) 'fifteen Reform Program'  Bi implementation period 'fifteen Reform Program 'was first proposed' trial work establishing the characteristics and laws of trial management mechanism ', the main contents of the reform process management around the trial unfolded, its essence is jurisdiction of the entity and process control implementation relative separation. Before the reform, the above two rights are concentrated in the hands of the judge handling the case, but after the reform, to break this highly centralized model, the jurisdiction of the case to the judge handling the case entity, then the case hearing process control rests in the court filing specialized agencies such as the hands, in order to protect the authority to impose restrictions on the case hearing, some success.

(Two) 'twenty-five Reform Program'  vertical implementation period 'twenty-five Reform Program 'for the first time to reform and improve the management system as an independent judicial reform tasks proposed, its main contents are: process management of the trial results to deepen the reform of existing consolidate and improve the quality of case investigation mechanisms and judicial review performance evaluation system. During this period the center of gravity began to reform the quality of case management transition, trial management system and judicial government management, personnel management system together constitute the three pillars of the court management system.

(Three) 'three five Reform Program'  half-grown beans implementation period 'three five Reform Program' clearly states: 'A sound clear responsibilities, cooperate, and efficient operation of the judicial system ...... standardize the management of the trial management functions and work procedures. 'in-depth implementation of the Platform, will provide a broader reform of trial management space, and showed a more pronounced specialization, organizational trend.

Outline of three years from the development of the law of the reform, trial management system connotation and denotation in constant development and enrich them. However, in practice the actual effect, trial management system reform is not ideal, in fact, in the past 10 years of reform, the hierarchical power structure has not only weakened, and even some of the reform measures promote or reinforce the trial management - administration.

Second, the administration of the judicial system's performance and defect management

(A) the judge grading system based on the Judges' Law 'and' Provisional Regulations of the PRC judges grade 'requirement, our judges divided the four other 12, as Chief Justice of the Supreme Court, judges are divided into two to twelve Justice, Senior Judge, Judge. So far, the Chinese judges addition to the original 'long' (President, Vice President, the President, Vice-President) and the 'workers' (Judicial Committee, judges or assistant judges) of the title, was added the various levels of 'official' title. Trial judges in the administrative level and beyond things added another sequence level. Judge hierarchical implementation, the formation of a highly administrative judge color pyramid hierarchy denied, the subordinate role of the trial judge on the equality, hierarchy and bureaucracy ideas further strengthened.

2005 'Civil Law' will judge the scope of the civil service included, although before this, in fact the judge's management of the civil service management is applied, however, at least formally, judges and civil servants are two different sequences. The implementation of the Act, so that the judge's administrative management with a formal legal basis, in some procedures for the administration of justice to the Chief of setting up a solid barrier.

(Two) the President approved hospital system in China at all levels of court cases, the President approved hospital case approach although not based on any enactment, but it is indeed a long way to get to pursue judicial decisions. In accordance with the current vice president of the supreme law of the river will be a new point of view: 'In reality, the President, the President of judicial work of the organization, coordination, guidance, supervision duties tend to be concentrated or alienation of the case and the referee checks rights instruments the right to audit the issue. This approach, in fact, will the President, the President of the management, supervision contingency became due process does not have the right of approval, became a personal trial organization above the top of extrajudicial privilege. '
The implementation of the system is not only a serious threat to the realization of justice, seriously affecting judicial efficiency, resulting in the separation of trial rights with the referee, but also makes an open and transparent trial proceedings by circumvention, such as avoidance system, consensual system and so useless. Although the Supreme Court reform and policy-makers have also realized the President for approval cases lacunae and problems, and the system made a series of reform efforts. However, in my opinion, these reforms have not fundamentally female in touch on that on the order from the vertical leadership judicial decision-making mechanism, there is no fundamental change in the Court, the Vice-President, the President, Vice-court long positions with the ordinary relationship between judges.

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(three) Judicial Committee discussed the case with the Judicial Committee to attend the trial system is the way people listen to the trial report, the case for discussion and decision. The force of law is concerned, the decision is better than a collegial panel opinion, the decision of the Judicial Committee, the Full Court must perform; responsibility at trial, the Full Court on the facts of the case and the evidence is responsible for the applicable law of the judicial committee. Discuss and decide cases such procedures are not open and transparent, not only can not play the role of norms court proceedings. And because the facts of the case for judicial committee source of information is not complete, most often 'lay members' to discuss the situation of a specialized legal issues.

Whether the courts during the court management system reform measures taken to weaken this administration, and continuously reform and improve the judicial committee system, as long as the composition of this body does not fundamentally change, as long as the courts remain inside Dean , Vice-President, the President, Vice-President and other administrative duties series, then it is impossible to become a judicial committee has a 'full court' attribute referee institution, destined to remain within the Court 'Executive Council,' the basic features. Meanwhile, in the judicial committee to keep its administrative decision-making body under the premise of the property, this institution to discuss and decide cases the procedure does not change its 'administrative examination and approval,' the basic features.

(Four) members elected presiding judge and Sole system in order to achieve 'fifteen Reform Program,' the relevant objectives, the presiding judge of the court and Durenshenpan who introduced selection system, its purpose is to play them in the course of the trial's command, coordinating role, one can ensure excellent senior judges exercise judicial power independently, on the other hand it can also expand collegial independent judicial authority, reduce the scope of hospital cases the President for approval. However, this has been given greater powers, 'the presiding judge,' not only from the hospital the President, the Judicial Committee where access to a relatively independent judicial power, and also grab the independence of judges from other common jurisdiction, and thus become a kind of overhead the Full Court of the 'super-judge.'

(Five) president resign Built in 2001 the Supreme Court issued 'local people's courts and special people's courts presidents, vice presidents to resign requirements (Trial)', provides the president and vice presidents to resign four kinds of situations. This provision in the legal community has been strongly criticized. Professor Su Li said: 'The provisions of the threat through the dean to resign, forcing the president to strengthen the Court's management and supervision of the judge, in fact, strengthen the president the right to dominate other judges, a further threat to the independence of judges.'  Feng That is, the requirement through the 'guilt' France, indirectly gives the president the independence of judges to exercise the right to be heard of the legitimacy of intervention, the objective to strengthen the president's executive management trends, which the Chief of trial management system more.


Third, the Chief of the Causes of trial management system

(A) Political traditional administrative and judicial partly feudal China several thousand years unique heritage, its influence has left. Although China is also building a socialist country ruled by law as the ongoing efforts, but also to some extent out of the repressive and administrative law shadows made institutions, personnel and functions of the relative independence. However, the relationship between justice and politics, the judiciary remains closely dependent on political power. In the long-term work in the formation of justice must be subordinated to and serve the overall political concept, from the founding of our country so far no substantive changes. Political integration phenomenon is present in varying degrees, to mention a combination of political and judicial, that the political leadership and the administration of justice and judicial constraints on political dependency and obedience.

(Two) If the judicial and political responsiveness of judicial obedience political ideology and party policy, political responsiveness of judicial and judicial maintain their independence and autonomy, in response to society's social responsiveness called justice , then you can believe that contemporary Chinese judiciary still has a strong political response, although there have been social responsiveness of clues, however, judicial responsiveness is actually built on the response of the political, judicial policy choices in a large dependent on the political space for judicial autonomy. Specific analysis of three aspects:
1. Courts from political ideology at all levels of the corresponding annual People's Court submitted to the People's Congress of the work report, the 'political language' can be clearly seen. Nowadays, the party and the state is one focus of the work is to maintain a stable political situation, and in order to respond to the call of politics, the court is bound to stability as the primary political task. Specific strategy in the trial, is through trial work to resolve social conflicts and promote social harmony. Therefore emphasized the full use of conciliation closed; mediation fails, have judgment is required to fully explain to the parties, so that the parties are served victory or defeat, trial objective is to set points only fight that minimizes petition.

2. President of the Court of the three identities First People's Court President Judge, and secondly, the President is essentially administrative duties of this job, is an executive agency of the Chief Executive, the Chief attribute determines Dean's primary responsibility is management. Finally, the president or party secretary, served as party secretary general president, party and government power in a set, even if the Chief 'in charge', but also a party 'in charge.' Three roles coincidence, determine not only the internal management system dean central figure, but also a meeting point with the external system. Party, the People's Congress, the Government of the court leadership, supervision and support, and whether rightly or wrongly right to intervene in court trials are generally conducted through the dean, dean and then through the internal administration of the court management system to achieve supervisor or external direction, supervision or intervention.

Fourth, the Chief of the trial management system reform measures

(A) a judge caste system reform, the implementation of the judge-level management titles will banc independent, self-contained system, the administration directly under the President of the Court and the Faculty Council is no longer affiliated with any site functions; business their main, or directly in the judicial committee meetings of the judges hearing cases under reduce administration site, weakening the internal functions of administrative courts operate. Meanwhile, the abolition of criminal, civil, administrative, and other various businesses filing court building, cancel the corresponding President, the Vice-President positions, eliminating layers of approval system, so that the trial judge can concentrate on the work of independent judgment.

(Two) administrative reform of the management system of administrative management positions separated from the trial, the abolition of vice president, the President, the Vice-President and the duties of the presiding judge of ordinary people, just keep Dean a symbolic 'leadership' positions , with a court in the jurisdiction of all the judges, administrative level, judges grade and material benefits and other aspects are equal.

(Three) Cancel case approval system and case referrals to the system, the implementation of the judge responsible for the case of the current system of examination and approval system is likely to cause the trial judge instead sentenced without trial phenomenon, our judicial process dramatic effect, in the event of injustice difficult to distinguish fake misjudged the main responsibility. Therefore, the trial judge is responsible for the implementation of the system, improve the corresponding misjudged accountability system, to ensure a fair trial.

(Four) a reasonable set of trial and trial management organization in accordance with the principle of separation of management functions, establish an independent judicial management organizations, are performed on trial during the operation of the integrated management functions. The organization's main underwriting trial management including business Tribunal, and by committee, consists of specialized agencies responsible for specific implementation, the specific implementing agency for the trial process management, case management quality assessment system for search and other judicial body, bear on the trial of cases monitoring and protection functions.

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