Study Of The Assessment System Of Chongqing's Court

The Court assessment is an important part of Court management; the Purpose is to enable the court managers to understand the extent of the court's work finished, whereby the management of the judge, trial operation and other personnel work can be strengthened. The especially regulates the judges'assessment. Since three "Five-Year Reform Outlines of the People's Court" carried out in 1999 required the court assessment, a nationwide discussion about the establishment and reform of the Court assessment system had been initiated from then on. In order to better achieve the court's judicial fairness and efficiency and promote the professionalism and high-qualitysm of judges, Chongqing court has enacted kinds of assessment indicators. But some of them are obviously unreasonable, violate the rule of trial, and result in many drawbacks. Through collecting historical and original materials and data of the court's assessment system, combined with first-hand observation in a grass-roots court in Chongqing, the author studies the assessment system of Chongqing's court in order to explore the assessment system and indicators system which suit the rule of trial and is beneficial to achieving the goals of judicial fairness and efficiency.Firstly, the author summarized the assessment system of China's court, pointed out the object and range of study, namely, the reasonableness,necessity and development of the court assessment system, how it features in Chongqing, the analysis of some key assessment indicators'cons, how to reform and improve the assessment system of Chongqing's court. In order to know the previous and present life of the current assessment system of China's court, the author hackled four periods, namely, the Beiyang government, Nanjing National Government, the Shensi-Kansu-Ningsia Border Region, the period after reform and opening up.By analyzing the original materials and referencing the existed methods, it shows that Chongqing's court assessment system has three traits which are the same structure of assessment, the nature of double-track and of administration. The fundamental reason lies in the administrative environment of the court assessment of Chongqing, including administration in the court's framework, the court'staff-level, the relations between higher and lower courts.In this paper, the cons of some key assessment indicators of Chongqing's court were analyzed. By interviewing, observing and analyzing the original court assessment materials, the author points out the drawbacks produced by the claim settlement rate, that it damaged the benefit of argument and statement of criminal defendants, extended a defendant's sentence, sacrificed the cherished value of justice in criminal law, and it was disadvantage to improve the quality of judges and protect the rights of criminal defendants, but extended the defendant's custody period and left his criminal status undetermined, and adjudications can be easily affected by the procuratorate as well. The disadvantage of the appeal rate is that it is not conducive to encouraging judges, and their subjective efforts make no difference to appeal rate because of "reformatio in peius". The disadvantages of the rate of Commuted appeal are that not only the formula is unreasonable, but it also allows the first instance judge to depend themselves on asking for instructions. The rate of remand for retrial makes the criminal defendant's appeal a mere figurehead and results in judicial corruption. The rate of being approved to extend the trial period makes the low rate of trial period extension abnormal, the court borrow the investigation period of procuratorate and result in abusing of the system to re-calculation of trial periods. The rate of illegal extension of trial periods results in recessive extended detentions behind keeping the rate zero, and so on.At last, this paper probed into reforming and improving the system of court assessment of Chongqing. The author has responded to the theoretical controversy about current court assessment system, advocated drawing a representative United States of Anglo-American legal system and Macao of civil law. When designing the assessment indicators of Chongqing's court, it is proposed that the rate of lawsuit settlement, of appeals and remand for retrial should be abolished, the rate of commuted appeal and assessment indicators on the trial periods should be improved, furthermore, the direction of other assessment indicators to be built had been pointed out in this paper.