Compound Management:An Empirical Study On The Trial Management Mechanism Of Basic-level Court

The court trial management is a new topic for a long time.The mainstream view of the academic community puts the court trial management in the macro proposition of judicial administration,and the de-bureaucratic management under the framework of de-administration becomes the basic direction of reform.However,from the perspective of previous judicial reforms,the reform practice of de-administration has shown the characteristics of looping back and forth,especially after the Fourth five year judicial reform,the contradiction between the actual needs of bureaucratic management and the loss of legitimacy of bureaucratic management,which makes the trial management of grass-roots courts present the practice chaos of "Non management that should be managed","Disorderly management that should not be managed","No responsibility if managed".Therefore,it is necessary to break through the analysis mode of absolutizing the concepts of "administration" and "deadministration" in the normative research paradigm,and analyze the practical patterns and internal mechanism of trial management of grass-roots courts in China by empirical method.From the perspective of structural functionalism,China's grass-roots courts are embedded in the block system with the local Party committee as the core and the strip system at the court levels,which leads to the dual functions of China's grass-roots courts to respond to the needs of local governance and undertake the specialization of higher courts.In response,the trial management of grass-roots courts has become an institutional channel to integrate the micro judicial operation,respond to the relationship between the rules and blocks of the court,and debug the external will of the court,and thus derive a dual goal of standardized and competitive trial management.From the perspective of typology,the trial management of grass-roots courts can be divided into two types: information-based trial management and bureaucratic trial management.With the computer information technology as the core,the trial management office as the main body,and the trial process management,trial quality management and trial performance management as the content,the information-basedtrial management constitutes the routine way of court trial management.The trial process management covers the whole process of the judicial trial,and realizes the dynamic supervision of the trial behavior based on the litigation procedure.Between the power discipline and performance pursuit,the trial quality management with the Re—trial Cases as the core presents the practical characteristics of "Strong warning—Weak punishment".The homogenization of judicial performance expands the scope of court evaluation,but in the performance championship,the performance of superior and subordinate courts is associated,which leads to the practice of the evaluation indicators being pushed down and added at each level,and finally shapes the data-based characteristics of judicial performance of grass-roots courts.The information-based trial management has positive functions such as improving judicial performance,restricting power,realizing synchronous supervision and homogeneous management,but there are also negative effects such as internal tension between digital word management and judicial value,and only digital judicial performance alienation.Compared with the information-based trial management,the bureaucratic trial management,as the traditional way of the court trial management,plays the trial management function by checking the procedural matters,allocating trial resources,analyzing the trial situation,organizing the collective resolution of difficult cases and supervising the trial of individual cases.As the head of the court,the authority set up by the president and the Secretary ensures the institutional authority of the president of the basic court,while in practice,the promotion of rank,post exchange and various assessment mechanisms further consolidate the actual leadership ability of the president.The president's trial management focuses on the overall management and key management,and plays the role of the overall management by following the existing management system,transforming the informal management system,matching the comprehensive quality with the specific positions and dynamic adjustment of the positions.In the process of communication and coordination with external organs,building a centralized discussion mechanism,using leadership authority to exempt responsibility and using social authority to resolve conflicts,the president realizes the key management of special cases.Restricted by the limitation of bureaucratic administration,flexible supervision and common judge's empathy for leadership constitute the deep operation mechanism of bureaucratic trial management.As the middle management class,the president of the court presents the characteristics of immersion management with the experience of management,theweak administration of power and the self production of authority.The weak administration of the president's normal management is manifested in the de case management,flexible supervision of trial performance and fair management constraints.In the process of leading the work,the president first needs to set an example to complete his own work,and play the spirit of responsibility in special cases to strengthen his power.It is also an important part of the president's trial management to create a harmonious courtroom relationship and build a case focused discussion mechanism on this basis.At the same time of transforming the trial management into information-based trial management and bureaucratic trial management,we also need to reflect on the type of research methods.In the grass-roots judicial practice,the information-based trial management and the bureaucratic trial management are not separated from each other,but are coordinated with each other,interact with each other and finally form a composite management mode.In essence,information-based trial management is a kind of technical management.By means of technical restriction of power,technical release of bureaucratic management,technology de layering and other ways,information-based trial management realizes the reshaping of bureaucratic management,and finally responds to the goal of standardization of trial management.The inherent defects of information-based trial management are the power gap which is difficult to be regulated,the trial practice which is difficult to be homogenized,the alienation between the management of separation from jurisdiction and the judicial practice,and the tendency of data-based,and the internal mechanism which relies on the management of the section level.As a result,the compound trial management has formed the interaction between the trial process management and the supervision of the president of the court,the trial quality management and the president of the court as the main body of evaluation,and the trial performance management and the president of the court's performance supervision.Facing the future trend of China's court trial management,compound management should adhere to and improve the basic role of information trial management on the basis of affirming the importance of court trial management,build a section management system with the integration of power and responsibility,and exert the maximum efficiency of trial management through compound mechanism.