Court Management Pattern Choice And Trend Analysis

Court management, a priority field in construction of modern judicial system, and a new territory in China, is important for independent and just trial, which is different from common public management. Court management can be divided into judge management, clerk management, judical police management, and other staffs management by objects. And by functions, it is related to trial management and administrative management. At present, scholars and law workers have laid more emphases on research about court management.This article gave some disscussions about court management from more aspects and levels, trying to contribute to the exploration and solution of court management, just like a drop of water merging in the wide ocean of court management theories.Firstly, the author began with the situation and problems of present patterns of court management, analysed the basic expession of court management from the aspects of mechanism, personnel and trail, and pointed out that court management in administration will make the court and the judge face the query, and make the president of court or the prdsiding judges can not embody their roles of judge.Secondly, on the base of investigation about characteristic of management patterns in American court, and comparing with ours, the article think our court management can learn from the American's. At the same time, the author briefly summarized the practice and attempt in Chinese court management, especially analysing the viewpoint of seperated management, and pointed out that there are three unsuitable places: Chinese political construction and culture soil, judge team in present suitation, and mechanism of the court, then put forward the viewpoint of the necessity and possibility of dynamic balance of trial management and administrative management in court management.Finally, about the developing trend of court management reform, the article expound and raise some suggestions from three aspects, that is: enlarging the proportions of trail management, seperating partial administrative function from court management, classified management of court staffs.The protruding characteristic of this article is :(â…°) Adopting comparative methods. Mainly beginning with comparative analyses about American system of court management, disscussing about our choice of court management.(â…±) Not rigidly adhere to theories aspects, the article laid more emphasis on practice, reflecting the author's care for the reality.(â…²) The viewpoint of dynamic balance of trial management and administrative management is put forward by the author depending on court practice and unifying theories of judical reform.(â…³) In order to promote constructing of theories about Chinese court management, on the base of comparative research and practical investigation on court management patterns, the article dissected the shortcomings of theories and practice about court management in nowadays, then raised the specific suggestions.