Research On Civil Judicial Organization Of Local Courts In Chinese Mainland

The civil justice organization of basic-level People's courts , exercise the judicialpower on behalf of more than 3060 people's courts at the basal level in China, morethan 80% of the civil cases of China are all tried by it. They are bearing the applicablelaw, solving the dispute , important duty of maintaining civil order, the enforcementof its right concerns 1,300 million Chinese citizens' safety of human life and propertydirectly, concern the stability and prosperity of the society. They are whether Chinesejudicial authorities are the independent, just, high-efficient important signs. Atpresent, an operational mode organized in civil justice of people's court at the basallevel of our country, established in Chinese planned economy period;With thegradual establishment and development of China's socialist market economy, thechange of the social stratum, its operational mode has not met China's socialeconomic development and people's demand for the administration of justice yet. So,how to carry on the reform to the Chinese civil justice organization of people's courtat the basal level perfectly, it is a subject that is worth studying very much.This text organizes the current situation to do accurate description to the civiljustice of Chinese people's court at the basal level, have carried on research andanalyzed on the basis of fully realize current situation, found that the performingjudge appointing and removing system, court's funds ensuring system, go ill with thejudicial power performing independently of the civil justice organization at the basallevel, it's enslaved to local court at a high degree. The current leader of front yard ofinstitute signs and issues the legal copy clerk's system inside some grass-roots courts,try committee decide through discussion case system, case ask for instructions suchadministration management modes as the system, etc., make persons who is in thecenter and decide of court --The judge has become the target of administration. Theoperation of these systems enables organizing the try right of taking the post as thejudge, collegiate bench alone of the basic form to separate from jury diction as thecivil justice of grass-roots court, therefore difficult to realize the justicehigh-efficiently. In addition, the single judge system and collegiate bench makeinsufficient to hinder justice high-efficient realization too. I combine China's actualconditions while using foreign advanced experience for reference, come into use fiveprinciples of reform and perfection of the civil judicial organization in local court, tolook for the way to solve problem, has proposed some individuals who perfects thecivil justice of grass-roots court and organizes in reform imagine, viz. reforming andperfecting the judge appointing and removing system, court's funds and ensure thesystem in making , single judge system, collegiate bench , justice committee's system.By these ways and means, exclude the obstacle that hinders judicial power of localcourts' civil judicial organization come from the inside and outside the court, make itsrealization try right and jury diction are unified, achieve the progressive goal thatjustice is independent and just, make operation of imperia meet China socialdevelopment of economy finally, satisfy people's demands for just and highlyeffective justice.