A Study On Model Of Court Management

Central to judicial reform efforts all around the world are the goals of increasing judicial independence and improving the management of courts.In a report by the World Bank,"Like any public organization,the judiciary must be well-managed if it is to deliver its product swiftly and efficiently." It has been years since China started its judicial reform, which has made some achievements while the bottleneck caused by localization and sectoring of judicial power still remains.Pattern and practical study on court management models will make for the understanding of court management system and its internal relationship,which may be the theoretical foundations and practical guide to the establishment of Chinese autonomous court management model.This essay consists of introduction,the main text and conclusion.The main text consists of five chapters.Chapter 2 is the general theory on court management model.Starting with analysis of definitions of court management and management,the author proposes that court management is the power structure and functioning process of achieving external resource and collocation of internal resource.Court management consists of adjudgement management,administration management and personnel management.Court management model is the brief characterizaition of court management system and the internal relationship between each other,including the relationship between the two management structures of achieving resources and allocating resources,which is standard form of court achieving and allocating resources under certain circumstances.Popular sovereignty, power balance and system management are the theoretical foundation of court management,which also constitute the foundation of studying and establishing court management model.Political,economical,historical and cultural elements are the principal affecting ones to court management model.Value goals,power subject,power structure and functioning process are the elements to court management model.The core of court management model is the separation of power between court and the party and the administration sector and the allocation of duties.Separation of power decides duty allocation,duty allocation decides the functioning of power structure,power structure is form of management model,value goal is the spirit of management model,power subject is the performer of court management,decision-making,enforcement,control and feedback are the ongoing management process which constitutes the mechanism of model functioning.As an analyzing concept,the ideal model is one important model classification tool.Based on the deciding and functioning power subject of court management external structure,the essay concludes that there are 3 models of court management:administrative model,judicial committee model and judicial autonomy model.Chapter 3 sums up the structure relationship and the development of court management by comparatively analyzing different court management models.By comparing the administrative model in the United Kingdom,France,Germany and Canada,it's clear that there is separation between management and adjudgement,the internal management of court is following with the principle of court autonomy.The internal court management in the United Kingdom and France lacks consistent power instruction,which causes apparent conflicts.In E.U.and Latin America,judicial committee model shows differently in respect of the constitution of judicial committee,function,value goals,power subject,process mechanism and effects.In E.U.member states,judicial committee has played an unique role in maintaining the independence of courts and judges,while it encounters failures in Latin America.Some of the Latin America states has made certain success on the separation between court administration and judicial power in their testing judicial reform. Judicial committee is generally made of members from courts,which indicates the development trend to court autonomy.The United States,Russia and Japan are taking such a model.In the United States,its federal courts and state courts are featured with focusing on judges and judicial trials.Russia has established integrative unitarian court autonomy management system.Judicial autonomy management model in Japan has played important role in keeping the general independence of courts,while there is still control in the internal structure.There are discrepancies between different models in achieving resources to maintain system effectiveness,in value goals,power subject and functioning mechanism, relationship between model and state structure,different models and democracy.The development of court management in other nations is swerving from administrative centralization to court autonomy,which is in accordance with the process of the emergence of modern nations transforming from consolidating central authority to democracy governance.Chapter 4 addresses Chinese court management model from the perspectives of evolvement and status quo.Chinese history may to some degree illustrate the behavior of the Chinese.The judiciary management model in feudalism bureaucratic society,the end of the Qing dynasty and the beginning of Republic of China,the PRC court management model evolved and developed similarly:the judiciary sector apparently appertaining to state administrative sector,limited separation between administration and adjudgement, political adjudgement and administrative management of court,difficulty to maintain court independence,similar court internal management structure with pipelining and identical faculty tiers.According to the theory of resource dependence,localization of court external resources and personnel structure are the inducing factors to the localization of judiciary power,which affects the authority of judicial power and the unification of rule of law. According to institutionalism,based on three mechanisms,which are justification and compulsory identification,pattern identification caused by reflection to uncertainty and criterion identification,court structure followed the pattern established by military organization and administrative organizations,establishing narrowly controlled and power-centralized faculty tiers,which made court internal management structure inevitably being tiered.Tiered judiciary organization contradicts with the nature of jurisdiction,while its management system being tiered is in accordance with management theory.Chapter 5 considers the reform of Chinese court management model.The context of court management model is the establishment and enhancement of market economy provide it with great power,the proposal and advancement of execution by law provide with appropriate conditions,strategy of managing state affairs by law provides with institutional requirement,deepening judicial reform provides with materialized foundation. Academia and practical sectors propose double-track system,re-define judicial zones, vertical court management,while there are still other opinions.The essay proposes that vertical management matches with Chinese court management.The Constitution provides...