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The Path And Method Of The System Reform Of The Local Court Below Province

Posted on:2017-02-04Degree:DoctorType:Dissertation
Country:ChinaCandidate:C L YueFull Text:PDF
GTID:1226330491464058Subject:Basic principles of Marxism
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Since the founding of the nation, our country’s judicial career, judicial reform through the tortuous road. Among them, since the reform and opening up, to the Third Plenary Session of the Eleventh Central Committee was held as a starting point, to the Fourth Plenary Session of the eighth, the judicial reform of our country has gone through the 36 years, during the Supreme People’s court successively promulgated the four "five-year reform program", for China’s judicial reform is planned. More than 30 years of reform has made great achievements, and improve the judicial system of our country. But constrained by China’s specific national conditions, the lack of perfect top-level design and other factors, previous judicial reform has not been able to better solve difficult issues such as below the provincial court of place of justice, judicial administration, civil execution, the local court management system, judicial system and implementation system of the still exist many problems. By the Third Plenary Session of the party by the CPC Central Committee’s decision on deepening reform of the overall number of major issues and eighth session of the Fourth Plenary Session of the Central Committee of the Communist Party of China on promoting the rule of law certain major issue decision ", on a new round of the reform of the judicial system framework and ideas of design deployment. Only from the point of view of word frequency, just in the "CPC Central Committee on promoting the rule of law a number of major issues decision", the word "rule of law" appeared in the 111 times, "justice" is a word appeared in 73, visible at the top to promote the reform of the judicial system of a major effort. But the top-level design of the judicial reform is only a macro blueprint for the planning, and does not specify the specific operation of the path and methods. Based on this consideration, this paper tries to examine our judicial right attribute, and the judicial system formation and development foundation, through comparison of the Supreme People’s Court issued four "five-year reform program", a comprehensive analysis of the status quo of China’s judicial system and existing problems, and accordingly put forward the path and method of comprehensive below the provincial district court management system, judicial system and independence separation reform in. This thesis is divided into five chapters:The first chapter is mainly to analyze the meaning and the function of the judicial power, and describe the historical evolution of the judicial system in China. The judicial power is the right of judgment, has the central attribute, is the state power system in the judgment, the ultimate and the neutral power. Judicial decisions is the main method of judgment and judicial appeal shall take into account the individual justice and social justice, the judge’s neutral position is relative, one of the core content of the reform of the judicial system is the realization of the right to judicial protection function of the right. To the management system of our country court, judicial system and executive system of the historical evolution of the system to sort out.The second chapter is mainly to the Supreme People’s court four "five-year reform program" introduced the background, the objectives of the reform, and the main contents of the comprehensive and comparative analysis, the shortcomings of combing the judicial reform of our country early has achieved results, the judicial reform, and the jurisdiction of local courts in our country currently in the system still exist in the local administration of justice of the administrative, judicial decisions centralization and independence of power allocation alienation problem of comprehensive analysis. With this kind of problem consciousness, summed up to carry out the reform of the judicial system of the four goal is conducive to the realization of substantive justice; the second is conducive to the realization of procedural justice; the third is to enhance judicial integrity; the fourth is conducive to improving the efficiency of lawsuit) and three guiding ideology (one is a scientific understanding of the conditions of the rule of law in our country at the present stage; the second is to accurately understand and comprehensively promote the rule of law of new ideas, new goals, new tasks; the third is grasping four or five reform outline of the theoretical basis, logical structure and Reform path) and a new round of judicial reform direction and goal.The third chapter mainly discusses the path and method of management system reform. Reform content mainly includes the following several points:one is to establish a unified judicial management decision-making and implementation system and the gradual separation of management function and the judicial function, set up special judicial authority within the court, and in between the upper and the lower courts to implement vertical management. Two is to build a scientific personnel classification management system, based on job classification to establish the corresponding recruitment, salary, training and management system. Third, establish judge personnel system, establish an equal competition, unified selection of judge selection mechanism, the competition should be take to the objective and quantitative evaluation and subjective evaluation of secondary appraisal of all the judges alike. The maximum elimination of reform of unequal phenomenon. Reform the judge selection system, the employment of judges was spun off from the civil service examination system, a higher court in principle, should step by step in a court the judge selecting judges; the fifth is improve occupational security system, to judge and is prepared by the executive assistant judges the implementation of separate compensation system, the employment of assistant judge and the court clerk according to the prevailing wage income plus level post allowance (according to three and nine different level setting), the judicial police in accordance with the people’s police related treatment regulations and so on. Six is the reform of the judicial budget management system, the intermediate people’s court and grassroots courts of non tax revenue were assigned to the provincial government, by the provincial finance according to personnel funds, public funds for daily operation, handling of funds, funds for business equipment and basic construction fund classification approved the expenditure, "income and expenditure completely decoupled, full financial security"The fourth chapter mainly discusses the ways and methods of the reform of the judicial system. This chapter focuses on the following several aspects of the reform:one is the establishment and the proper separation of administrative jurisdiction, but for the establishment of the administrative court, this paper puts forward under the current situation of judicature, the better scheme is the first administrative cases centralized jurisdiction, on some special administrative cases through promotions jurisdiction, designation of jurisdiction and other ways to solve, to be the future conditions are ripe, may propose the establishment of special administrative court reform program. Second, reform judicial operation mechanism, through the establishment of specialized trial team instead of the original trial, cancel the hospital, President case signed approval authority, establish the judicial committee for discussion and case filtering mechanism, establishment of professional judges conference system, reform, independent trial judge and co-ordination implement judicial accountability and judicial independence to perform their duties to protect. Three is the people’s jury system reform, elimination of recommended units, from eligible citizens take were randomly selected, and the implementation of people’s jurors not to hear the applicable law, only participate in the trial of fact finding.The fifth chapter mainly discusses the reform mode of civil trial execution separation. From the analysis of the implementation of separate judgement from the purpose of reform is to solve the "difficult execution" of the mechanism of commonality and differences on the mechanism of enforcement and judgment are analyzed, combing the status of decentralization and reform process of China’s enforcement of the right of execution, the difficulty of in-depth analysis of two aspects of internal and external to the current enforcement system the problem, and through the calculation of the cost of reform consideration, compared the executive power the overall implementation of the right to separate stripping, stripping, executive power is divided into three kinds of deepening the internal reform mode, put forward our country to perform the trial separation reform, should be in the reform of the judicial system under the framework, combined with the local court humanphysical financial reform unified management system and reform the system of judges, and judges in the executive separation, implementation of rights and the right to enforce the award separation, perform a unified management of "two jobs To achieve a breakthrough in the working mechanism, to provide reference of reform trial execution separation system.
Keywords/Search Tags:District Court, Judicial system, Management system, Trial system, Separation of trial and enforcement
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