Research On The Deficiencies And Reform Of The Court System

To reform the court system, which is theoretical and practical, is an important and difficult part of judicial reform. An scientific and reasonable court system is good for justice and rights protection. Because of historical and practical reasons, the court system in China is far from perfection, there are many defects lies in it, such as its administrative characterization, localization and dependence. All those defects block the function of the judicial organs, and the process of rule of law will also be hindered. So in the new historical conditions, some experience of western countries could be adopted to proceed the judicial reform and defend the result of the reform. This dissertation focused on the court system reform, analyzed the defect of the court system and research how to improve it. This dissertation composed of three parts, which are as below:Part one describes the court system of modern China, from the view of the court system in history, today's court system and its reason why the court system in China takes this shape.Part two analyzes the defects in China's court system. This dissertation maintains that the administrative characterization, localization and dependence is the main defect in the court system, these defects do great harm to the court's function and the rule of law. Some performance is listed to explain why there are such defects. This part also insists that the defects above are the difficulties of judicial reform.Part three focuses on how to eliminate the difficulties and proceed the court system reform. At first, this part praises the achievement gained in the process of court system reform, and then this part researches how to deepen the reform and promote to establish a scientific and reasonable court system from the angle of administrative system of courts, trial management system, and judge management system.