Some Considerations About The Governance By Law In Contemporary Chinese Judicative Administration

The contemporary Chinese judicial administration is the result of Chinese historical development. Its extents and contents are different from those of other countries in the world and different historical periods of our country. Strictly speaking, it is under the influence of western law system and concept and with the separation of trial and inspection from the administration in modern times that the judicial administration in its strict sense gradually came into existence and developed. Its fundamental characteristics are both the component of state administration and the organic composition of judicial system. There is little domestic study on it because the judicial administration management system in force started late and its foundation is not solid besides the insufficient social focus on it. On the contrary the problem of administration according to law is a current hot issue, attracting many experts and scholars to study especially after the sixteenth national congress. The administration according to law is not only an important component of contemporary Chinese rule of law but also the actual carrying out in the local management, professional administration and grass-roots level management. Thinking about the problem of administration according to law has its practicality, usefulness and operational possibility.To study the problems of administration according to law in contemporary Chinese judicial administration will no doubt bring new understanding of the judicial administration to different social classes and give judicial administration its contemporary meanings. Besides, the plurality of the administration according to law broadens visions of judicial administration and the judicial administration problems can be considered other than from the angle of administrative system. Meanwhile the problems of administration according to law can be specified and standardized in judicial administration. It not only promotes self-development but also enriches the contents of administration according to law.The thesis falls into four parts: the understanding of related concept, research method, the observation of contemporary situation of administration according to law in judicial administration and the design of ideal mode.In the first part, the article first explains the concept of judicial administration, that is, the pursuing or relating to judicial activities from the angle of administration. It is a concept relative to other judicial activities such as trial and inspection. Thus the study extent of judicial administration is defined. Then the articles explains the concept of governing according to law and its subordinate concept—administration and autonomy according to law. The focus of analysis is on the meaning of administration according to law, its subject and object and the respective relationship between administration according to law, autonomy and governing according to law. It also introduces special citizens'rights of administration according to law of—criminals and prepares for later explanation.The second part of the article introduces the research method of administration according to law in judicial administration. This part starts from the study fundamentals. It explains theory fundamentals, practical fundamentals and constitution fundamentals respectively therefore it sets up certain doctrinal foundation. It further puts forward three research methods of the problem and provides a powerful platform of argument and discussion.The third part of the article organizes ideas of contemporary situation of administration according to law. It uses the three functions of judicial administration—its management, service and enforcement as argument and develops around the problem of administration according to law. The first is the restrictive factors of judicial administrative departments in the administration according to law. This problem is discussed around too many functions, centralization of powers, inappropriate application of rigid management and flexible management, poor interactive relationship between judicial administrative departments and citizen society. The second is the difficult situation of judicial administration in law service. It discusses inconsistencies, difficulties, including poorly rationalized relationship due to obscure nature and obstacles due to double management, the phenomenon of"one board, two teams"and errors in the extent of control in macro-management in law service from four aspects. The third is the analysis of contemporary situation of judicial administration in law enforcement. The contemporary situation is analyzed around administrative enforcement departments, social power and criminals and juvenile delinquent being reeducated through labor. It shows that the means of law enforcement is too simple and socialization degree is not mature and the"autonomy"of criminals and juvenile delinquent being reeducated through labor is underdeveloped.The last part of the thesis is the design of ideal mode for the administration according to law in judicial administration. Three ideal modes are put forward after the integrating and induction of shortcomings and irrational factors on the basis of the observation of the cotemporary situation. The first mode is leading mode of the judicial administrative departments in the multi-focus governing of public affairs. To establish this mode, the judicial administrative departments should play the leading role and decentralize its power. The second is mode of serving the law. This mode is composed of law service mode of some market behavior and pure public law service mode. Its classification standard is gratuitousness, government's intervention and service. The third is special community management mode. It gives a farsighted design aimed at the current management mode of criminals in prisons and juvenile delinquent being reeducated through labor in reeducation institutions with the reference to the community management modeI myself have worked in the judicial administration department for six years. With my deep love for judicial administrative work, I tried to think about the new problems and phenomena that arose in this field and attempted to analyze some problems of administration according to law from the angle of administration management and indirectly describe the judicial administration management system. After a period of study and research, with the help of authoritative information and my own hard work, I attempted to put forward ideal modes for the future development of judicial administration.The creativity of the article lies in the following. First, it gives a detailed analysis of the management system of judicial administration on the basis of administrative management. Second, it analyzes and tries to solve the problems in judicial administration on the basis of plural governing characteristics. Third, it integrates, induces and organizes the problems of administration according to law in judicial administration. Forth, it designs ideal modes for the judicial administration. For example, it divides law service mode into mode of market behavior and modes of pure public law service. The management mode of criminal in prisons and juvenile delinquent being reeducated through labor in reeducation institutions draws on the community management mode. Fifth, it determines the position for the role of special personnel—criminals and juvenile delinquent being reeducated through labor—in administration according to law.This thesis ponders on some problems of administration according to law in contemporary Chinese judicial administration. I hope my thesis that still needs improvements can offer a few commonplace remarks by way of introduction so that others may come up with valuable opinions and can arouse the attention of the judicial administration field, other related fields and the society. I hope it can bring new inspiration and ideas.