Study On Court's Bailiff System In China

As the establishment of Chinese judiciary system,the bailiff system of people's court has begun to develop.The court's bailiff system has become more modernized and more standard since the Court's Bailiff System Provisional Regulations was promulgated and carried out in 1997. It has played a very important role in striking criminals,protecting citizens,and serving for the court.However,the court's leaders of all levels took bailiff actually as auxiliary staff members in judicial work. Meanwhile,imperfect legal basis and insufficient judicial rules have objectively made bailiffs status and duty ambiguous.As a result,it is not practicable to carry out the policy well which says bailiff should be managed by team and led by dual-level leaders.At present,experts' research in both theory and practice field mainly referred to discussions about the reform of bailiff management system.We lack of comprehensive study in bailiff system,especially bailiff execution system. Nowadays judiciary system reform has made great progress in independent alignment of secretary,election of presiding judge,and examination of would-be judge.Since the government has already put bailiff reform into the agenda,it has significant realistic meaning in the reform of court's bailiff to study court's bailiff system comprehensively.This paper is composed of five parts:the first part reveals the conception and history of the court's bailiff;the second part explains the nature,duty and characteristics of the court's bailiff;the third part deals with its function;the forth part analyses the current situation and restrict factors of the national court's bailiff system;the fifth part probes into ways to perfect the national court's bailiff system.