Organization And Operation Of People's Court

The people's tribunal is the dispatched office of the grass-roots court and occupies an important position in the court system of our country.On the one hand,the people's tribunal goes deep into the grass-roots society and maintains close contact with ordinary people,which can have a direct impact on their daily life.On the other hand,the people's tribunal is also an occasion for dialogue and interaction between the state and society,and the complexity between national law and social reality is often more directly,vividly and vividly reflected and reflected in the people's tribunal.The existing research is mainly carried out in the context of rural justice,they regard the people's tribunal as a means to resolve disputes in rural society,and try their best to describe and present how the people's tribunal cooperates closely with other grass-roots organizations.strive to resolve contradictions and disputes at the grass-roots level.In fact,this kind of research only discusses the problem of rural governance with the help of the people's tribunal system,and they focus on the shaping of the behavior of the people's tribunal by the rural social environment,but seldom discuss the inherent logic of the people's tribunal system and the operation mechanism of the people's tribunal organization.Therefore,we need to construct a new interpretation framework to reinterpret the daily operation of the people's tribunal from the perspective of organization.Only by opening the "black box" of the organization and operation of the people's tribunal and cracking the "code" of the operation law of the people's tribunal,can we effectively turn the institutional advantages of the people's tribunal into governance efficiency.Through the case analysis of Liuzhen people's tribunal,this paper tries to construct an explanatory framework about the organization and operation of the people's tribunal.After raising questions and commenting on the study,the introduction discusses the feasibility of the case study and introduces the basic situation of Liuzhen Tribunal in detail.In addition to the introduction and conclusion,this paper is divided into four chapters.The main questions of each chapter are as follows:The first chapter combs the evolution history of the people's tribunal system,explores the characteristics of the evolution of the people's tribunal system,and presents the institutional framework followed by the organization and operation of the people's tribunal.Taking the historical period as a clue,the evolution of the people's tribunal system can bedivided into three stages: the people's tribunal before the reform and opening up,the people's tribunal after the reform and opening up,and the people's tribunal since the third Plenary session of the 18 th CPC Central Committee.Before the reform and opening up,the people's tribunals experienced the transformation from temporary institutions to permanent institutions,and in the later two stages,the people's tribunals are permanent institutions,and the evolution of the system is shown as the adjustment of functional orientation.Based on the inherent logic of judicial power,the institutional evolution of the people's tribunal presents the following laws: the transformation from temporary institutions to permanent institutions is not a fracture in the institutional evolution of the people's tribunals.They maintain continuity in the social control function of judicial power.Although the temporary people's tribunal is a dictatorship in the mass movement,it has at least realized the full expansion of judicial power in form;the permanent people's tribunal,as the dispatched office of the grass-roots court,has obtained the identity of the judicial organ,but in actual operation,its function orientation has always swung between the judicial organ and the administrative organ.The second chapter and the third chapter are the case studies on the daily operation of Liuzhen Tribunal.The second chapter analyzes the organization and management of Liuzhen Tribunal.In terms of personnel incentives,the working experience of the people's tribunal is listed as a "plus item" for the promotion of the rank of judges,which provides motivation for grass-roots judges to go to the people's tribunal for rotation or training.However,as this mechanism treats the President of the Tribunal differently from other judges,the judges of the Liuzhen Tribunal have different professional pursuits: the President aims for promotion,while other judges prefer a relatively relaxed working environment.In terms of organizational structure,the establishment of a trial team is an important part of deepening the reform of the operating mechanism of judicial power,and its purpose is to build a flat management model and achieve the reform goal of "de-administration".However,the establishment of the trial team in the people's tribunal has increased the management level of the court and changed the authority structure of the court.Other judges have acquired actual control over the organization of the Tribunal because they have sufficient information about the case;the President has formal control by virtue of his official status.In daily work,the two authorities can live in harmony.However,when the task assigned by the Western District Court exceeded the normal load of the Liuzhen Tribunal,the President could only acquiesce in their flexible implementation of the task in order to obtain the support and cooperation of other judges.The third chapter analyzes the judicial decision of Liuzhen Tribunal.According to the different types of cases,the judges of Liuzhen Tribunal adopted different strategies.In simple cases,the judge exerts the party control mechanism to prevent the emotional intensification of the parties and ensure the smooth progress of the litigation procedure.In the face of difficult cases,judges adopt the method of "trial of adjudication" to reduce the risk of mass incidents,and by "denying the qualification to accept cases," to avoid discord between judgments made in accordance with the law and the current policy.For the difficult cases whose facts are difficult to find out,the judges of Liuzhen Tribunal spontaneously organized a meeting of professional judges to establish a collective consultation mechanism to draw on collective wisdom and reduce the retrial rate of the case as much as possible.Compared with the judicial method of legalism or legal pragmatism,the judicial behavior of Liuzhen Tribunal pays more attention to the risks or troubles that may be hidden in the case,and aims to evade,disperse or even eliminate these risks.The fourth chapter puts forward the concept of "professional energy dissipation" to explain the daily operation of Liuzhen Tribunal.The basic function of the people's tribunal is to implement the law,which shows the inherent value of the people's tribunal.On the one hand,through the judicial process to make the legal norms return to society and achieve the social control of the law;on the other hand,from the bottom up to feedback the adaptation of the law and society to legislators and decision-makers to promote national adjustment and decision-making or reform.Any organizational behavior that deviates from the basic functions will detract from the intrinsic value of the people's tribunals and lead to the dissipation of the functions of the people's tribunals.Liuzhen Tribunal replaces law enforcement with risk dispersion,which,as the goal of judicial behavior,constitutes the dissipation of functions in judicial adjudication;flexible implementation of the performance appraisal tasks assigned by grass-roots courts hinders the effective transmission of case-handling information,resulting in the dissipation of functions in organization and management.The function dissipation arises because people mistakenly think that the basic function of the people 's tribunal is dispute resolution.Therefore,the block collaborative governance mechanism blurs the differences between the people's tribunals and other dispute resolution organizations,and requires the people's tribunals to unilaterally pursue the stability of social order.The court system also attaches too much importance to the closure rate,thus increasing the workload of the people's tribunals.In this working environment,riskdiversification and flexible implementation have become a rational choice,and the dissipation of the functions of the people's tribunals will be inevitable.