The Research Of The Chinese Court Performance Evaluation System And Its Impact On Criminal Proceedings

According to the request of "Second Five-year Reform Outline of People's Court", court system should build a scientific and unified assessment system of trial quality and efficiency, reform evaluation system of judges and other staffs in the courts, scientifically design evaluation projects, improve the evaluation methods, unify judge performance evaluation standards and procedures, and make reasonable use of the judge evaluation results. The courts at all levels around the nation embarked on an exercise of developing quantitative indicators of performance evaluation.Performance indicator is a set of relatively objective signs used to measure work effort and evaluation of specific level of performance of the object. And performance evaluation is the process of defining, measuring, and using these indicators. The public administrations including the courts in general are facing how to effectively monitor and control the problems of their employees,(actually, this is an employee moral hazard problem that all the organizations can not avoid because of information asymmetry).The greatest contribution of performance evaluation lies in providing evaluation objects and organizational performance with various objective information to enhance management and provide the basis to decision-making and rewards and punishments, to achieve the goals and improve the organization's overall performance. However, if this set of quantitative indicators and our pursuit of judicial independence, rule of law programs, and many other value conflicts, a natural question will be asked that is why we spend so much to pursue such non-existent ideal fantasy? In the specific practice of the rule of law, what unique appearance it will present and what unexpected consequences it will bring that the search for the ideal evaluation mechanism in China? Furthermore, what is the social context and institutional background that the Chinese court system wants to control and monitor the performance evaluation system of judges. If we can understand and sympathy for such a seemingly uncertain future of the "pursuit", will the effort in China succeed? Even partial success can be achieved, what is the expense sacrificed?This paper aims to research the court performance evaluation system, especially the system of trial qualitative efficiency, misjudged case investigation, personnel appraisal and point its impact to the basic principles of criminal litigation, basic procedure value and explore the conflict reasons behind, thereby give proposals of reforming current court internal performance evaluation system, making it coordinated with the criminal litigation system.