Study On The Civil Judicial Organization

This article analysis on the status of civil trail organization of China's grass-roots people's courts, by learn from the advanced countries judicial experience, based on China's reality and made a number of reform proposal. By ruling out those internal and external obstacles step to step, which impact on the independent trail of China's grassroots courts of people, to let the trail organization enjoy the real right of trail, finally achieve the independence and justice of the judiciary. The text is divided into six chapters:The first chapter is the outlines of foreign trail organization. The author has a brief introduction on the operation of trail organization of Britain, the United States, France, Germany, Japan and other countries. Court's judicial organization is set up in accordance with the nature of the case, the severity of the case and the trial process, and varied with other circumstances, the trail organization mainly have such types, the single judge, the collegial panel, the jury.Chapter II is the outlines of trail organization of China's grass-roots people's courts, has such types, the single judge, the collegial panel, and the judicial committee. The writer considers that the use of the single judge in China's grass-roots courts is too narrow when compared with the foreign countries, made it difficult to make rational use of trail resources, waste a certain human and material resources, impeded the efficiency of trial. The collegial panel of China's People's Court formed in two ways: one is formed by judges, and the other is formed by judges and assessors. The current problem and a major defect is the composition of the jury. The judicial committee is unique to China, its "trial separation " and other aspects of shortcomings has been difficult to adapt to the trail system's request of open and efficiency. And also exists faults in withdraw and the direct words system, violates the principle of procedure law, affects the quality and improvement of efficiency of the case, becomes to the obstacles of the reality of"Justice and efficiency". Chapter III is the analysis of judicial organization of China's grass-roots people's courts. China's grass-roots courts large extent subject to local government, the existing system of appointment and removal of judges and the security system of funds, is not conducive to the independence exercise of judicial power, made the grass-roots courts subject to the local government. In some grass-roots courts, the legal instruments issued by the Court leadership, the judicial committee discuss and decide the case, referrals of case, such these administrative management models, made the judge, the center and dominate of courts, becomes the object of administration. The operation of these systems made the division of the right of trail and magistrate of the basic formal trail organization, and making it difficult to achieve the efficient and justice of judiciary.Chapter IV is the factors impact on the China's grass-roots people's courts. This article summarize the constraints factors reduced to three aspects: First, the low quality of personnel in the grass-roots courts operations, restricting the efficiency and impartiality of the case; Second, the strong color of administrative in the decision Results; Third, the grass-roots court's personnel, independent on founds emergence and spread the local protectionism.Chapter V is the reform and improvement of Civil Trial Organization. The authors draw on the advanced foreign experience while together with China's actual situation, proposed some personal vision about reforming and perfecting the civil trail organization, that is reforming and perfecting the appointment and removal of judges, the operational mechanism of the grass-roots court, the security of founds, the single judge, the collegial panel, and the judicial committee system. Through these measures to exclude those obstacles inside and outside the Court in the course of the running of the judicial power, to realize the unity of the trail and magistrate right, to achieve the purpose of independence and justice of judiciary, ultimately made the running of jurisdiction adapt to China's social and economic development, just to meet the national demand for efficient administration of justice.Chapter VI is the supporting measures in the reform and improve of the civil judicial organization. The author considers that the reform and improve of the civil judicial organization needs to have a series of measures to suit with, to ensure the smooth progress of the reform. These measures include the following: First, build an elite, professional team of judges, reform the system to elect the judges, ensure the independent status of judges, strengthening job security for judges and improve the overall quality of judges. Second is to abolish the case referrals system.Dilute the administrative color of the Court management, ensure judicial fairness and efficiency can be achieved. Third, reform and improve the grass-roots court's personnel and financial system, change the local tendency of the grass-roots people's courts.