Research On The Reform Of Internal Organs In People's Court

The reform of internal organs in people's court not only means to meet the needs of the court's operation and inner governance,but also means that the reflection of responding to the complex externalities of justice,and constantly adapting to social transformation and political system reform.As a measure of the comprehensive reform of judicial system,this reform is essentially a "reborn action" within the court,and is an optimization of its structure and function.How to set up each internal organ properly to realize the division of labor and cooperation among each other? On the one hand,the reform should be adapted to the requirements of political power structure and social governance.On the other hand,it involves the reallocation of human,financial and material elements within the court.In other words,the reform of internal organs in people's court is the product of internal and external factors.It should not only adapt to the changes of external environment,but also meet the needs of inner governance of the court.Therefore,based on the perspective of organizational sociology,from the organizational environment,organizational objectives,organizational structure,organizational mechanism,organizational decision-making and other aspects,this paper analyzes and studies the logic,process and mode of the reform of internal organs in people's court.In nature,the people's court is the judicial organ of the state,and is also the specialized agency for resolving disputes.It is an organization established by professional judges in accordance with certain rules for the purpose of trial.However,the same as any other organization,the court also needs administrative management to maintain its normal operation.Therefore,the operation of the people's court as an organization presents a dual mode of "trial-management",which constitutes the organizational foundation of the reform of internal organs of courts.Around the trial function and administrative management,the court is embedded in the whole of political and social system,and will change with the social changes,through the interaction with the external environment.On the other hand,based on the requirements of division of functions,the court also has been differentiated in its internal structure,which makes different institutions undertake different functions,and presents a heterogeneous and matrix organizational structure.This reform has gone through four stages: from scratch to existence,from simple to complex,from complex to professional,from surface to essence,which respectively reflected the development characteristics of the court organization system in different periods.As an open system,the court is embedded in the political,economic and social system,through the exchange of resources and constant interaction with the external environment.It not only depends on whether it can adapt to the requirements of the external environment,but will also adjust itself for survival and development,with the change and complexity of the environment.In other words,environment constitutes the external impetus of organizational change,and the reform of internal organs of courts is also the product of adapting to the specific social and economic environment.On the one hand,the court not only depends on the arrangement of political power,but also needs to deal with the complexity of social life,conform to the development of economic order,and obtain the acceptance and recognition of the people.On the other hand,these environmental factors further affect or shape the organizational form of the court in the judicial field.It not only promotes the continuous expansion of its organizational scale and the constant increasing of the number of internal organs,but also promotes the reform of internal organs of courts to ensure the efficient and fair operation of the jurisdiction.Based on the dual mode of "trial-management",the operation of the court takes the justice and efficiency as the basic objectives,and is organized by two mechanisms of legitimacy and efficiency.As a formal organization,specific objectives are essential prerequisites for the existence of the court,but the question is what organizational objectives the court will choose or pursue.In the organization theory of the new institutionalism,the constraint from technical environment and institutional environment constitutes the external space for the selection of organization objectives.Accordingly,the technical environment requires the organization to be efficient,that is,to organize production by the principle of maximization.As an agency of dispute resolution,the court should maintain stable and efficient output,and concentrate resources on its production system—each judicial department.On the other hand,the constraint of institutional environment on the organization will be realized through the legitimacy mechanism.Under the pressure of legitimacy,the court and other administrative organizations have undergone a process of homogenization and adopted the organizational form of bureaucracy.However,the judgment attribute of judicial power and its requirements of neutrality and impartiality shape the organizational structure of the court in turn,which is different from the administrative agencies.Therefore,the efficiency mechanism and the legitimacy mechanism,which constitute the logic of different institutional changes,dominate the shaping and transformation of the court's organizational form in practice.In essence,the reform of internal organs in people's court is a differentiation and integration of organizational structure.As a formal organization,why the court has a certain function,is determined and guaranteed by its corresponding organizational structure.With the process of structural differentiation,the organizational model of bureaucracy has been gradually extended to the whole court system,and the hierarchical "linear structure" has been formed within the court.It includes "hierarchical allocation" of internal authorities,"linear distribution" of judicial resources and "graded arrangement" of judicial personnel.On the one hand,through the level differentiation of organization,the scale of the court has been expanding,and the number of its internal organs has continued to increase.On the other hand,the vertical differentiation of the court will generate new levels and hierarchies,that can strengthen the management and supervision within the court through the control relationship between superior and subordinate.For the court,this kind of hierarchical structure has the positive function and the dysfunction.On the one hand,positive functions constitute the necessity of the existence of hierarchical structure,which are reflected in the role of the structure in the court system,and will be helpful to the realization of organizational objectives.On the other hand,dysfunctions originate from the tension between bureaucratic management and judicial independence,which will further lead to structural tension or structural change.Therefore,the existence of dysfunctions can reflect the tension or conflict contained in the organizational structure of the court,and further become the internal impetus of the reform of the internal organs of courts.With the overall start of the new round of judicial reform,promoting the reform of the internal organs of courts,simplifying and integrating its internal organs,and implementing flat management have been contained in the reform of the judicial responsibility system.From bureaucratic structure to flat management,this transformation requires a process of structural integration to optimize the internal structure of the court and form a clear and reasonable division of labor and cooperation system.On the one hand,by simplifying and integrating institutions,especially to the judicial administrative organs,and controlling strictly the court's organizational scale,the overstaffed court system can be changed.On the other hand,the key to the structural integration is to reduce the court's internal management levels,reasonably adjust the structural arrangements,and further improve the efficiency of the court's operation.In a word,around the trial function and administrative management,the reform of internal organs in people's court is the product of adapting to the specific social and economic environment,which not only relies on the two mechanisms of legitimacy and efficiency to be organized,but also embodies the differentiation and integration of the court's organizational structure.Only by meeting the needs of changes of the external environment and optimizing the division of functions and structural arrangements,can this reform achieve the reasonable allocation of the court's internal functions and powers.