Inquisition Of The Grass-roots Court Judicature Difficult Position Under Administrative Organization System

This article through the record type way which obtains from the court interior,takes the breakthrough point by the contract of bailment dispute document,analyzes in the above-mentioned plan the administrative level the interference mechanism which excerises judicial power independently to judge.As a result of the administrative organization system's existence,Grass-roots court judge fell into in the processing case's process both must conform to the spirit strictly and wants the difficult position which the selectivity conformed to the spirit,caused the basic unit judicature to display two extremely characteristics:On the one hand is under the administrative organization system judge can not but "the machinery" conform to the spirit brings "stereotypical" to the judicature the characteristic;On the other hand,the external factor interferes judge through the administrative organization system to excerise judicial power independently has brought "the tendency toward compromise" to the judicature the characteristic.The stereotypical judicature and the tendency toward compromise judicature attribute the study abroad law and judicial practice some kind in the reality "depart from".The author departs from this kind defines "the fuzzy region" and carries on for the contemporary judicature in the analysis.Through Huang Zongzhi to China ancient times judicature "the third territory" the definition,forms the reason and the contemporarv judicature difficult position carries on the contrast and the resonsideration,the author believed that the contemporary country law and the judicial practice depart from form the fuzzy region the substantial clause are the administrative organization systems which in the court already saves.The contemporary judicature many difficult position question's true essence may belong to under the court internal administration organization system and the administrative organization system division of powers.Judge's professionalism outstanding person enables the scholars to worry that can present so-called "special method governing",based on the above discussion,the author thought that the court administration organization system existence caused "special method governing" to lose the survival soil.Gives extended application,other such as media,the populace and so on external factor may carry on the fermentation similarly to judicature's interference through the court administration organic channel to enlarge, thus affects the judicial operation process effectively.This article take the Grass-roots court administration construction as a master line,divides into four parts the article.The first part is S sues W this request to gather shares the desk under the administrative organization system the court interior operation description;The second part is take the above-mentioned plan as an example,the judicial difficult position makes the analysis to the administrative organization system under;The third part proposes under the administrative organization system the state law and the judicial practice departs from the question with the reason analysis which forms;The fourth part is right "special method governing" take the administrative organization system as the foundation the question to respond;Finally is extended Yu Lun, is suitable author's conclusion to the populace and the media to the judicature in the influence mechanism.