A Study Of The Scientific Management Of The Court Caseflow In China

The establishment and consummation of the judicial system applicable to the socialist market economy and the reality of China,is an important task faced by the construction of the legal system in our country. In the report of the 15thCongress of the Chinese Communist Party,Comrade Jiang Zemin has raised the national policy of "rule of the country under law",and has also pointed out that we will" further the reform and secure the independence and justice of the legal institutions to exercise judicial authority and procurator authority".Consequently,the accomplishment of ruling the country under law and furtherance of judicial reform is a magnificent project containing a long road ahead with hardship,Base on the guiding ideas which the author mentioned previously,through the analysis of the malpractice of the traditional model of case flow management and by using the experience of the advanced management modes of other countries as reference,a better model of the case flow management in China can be produced,and as well as to put forward an individual view of the existing problems in the judicial practice.This thesis consists of four chapters. Chapter One is an introduction that includes two parts. Parts (1) contains a description of the content and performance of the case flow management in the Chinese courts,and its difference compared with the management of administration;part (2) summarizes the significance of the reform of case flow management system. Chapter Two is a comparative study of a variety of models,which analysesthe historic origins,disadvantages and thus the results caused,in addition to the experience we should learn from the advanced management model of case flow of the Australian Federal Court. Chapter three contain.Suggestions and their implementation,including the fundamental principles of the reform and the options of value of the management models in the light of the legal practice,In Chapter Four,the outcome of the system reform are explained through the descriptions of some trial cases of the reform of the case flow management,and in the conclusion,problems that need to be attended immediately in the reform of case flow management have been revealed.