Research On The Operation Mechanism Of Judicial Power In Land Reclamation Court

Since December 2013, Supreme People’s Court has carried out a two-year pilot reform of operational mechanism of jurisdiction. Up to now, courts of all levels has entered a period of important opportunity for promoting judicial reform. In February, 2014, Heilongjiang agricultural reclamation intermediate court began to reform on operational mechanism of jurisdiction. This essay uses it as the clue to have a discussion. First of all, the essay states the basic process of operational mechanism of jurisdiction at the agricultural reclamation court, and emphasis that undertaker, president of the court, judicial committee and other principal parts play a special role in operating jurisdiction. As the essay has pointed out, at present, president of the court has duty to supervise abusement of jurisdiction, along with obligation of issuing and checking document. Thus, he is in the dominant position in operating jurisdiction. Secondly, the essay points out that there are a series of problems in operational mechanism of jurisdiction in agricultural reclamation, such as full equality in decision-making is broken, president of the court and the judicial committee have no real power. Tribural becomes the final decision maker. Meanwhile, judicial officers lack independence and responsibility. It also tells us the reasons for these problems. They are under the influence of agricultural reclamation court’s maragement system and judicial tradition and idea. They are also affected by the quantity of the cases and judicial officers’ability. Finally, the essay introduces some specific approaches that agricultural reclamation court has carried out, which are combined with exploration and practice on reform. It proposes that court management system, trial supervision system and reform on job security mechanism of judge should be done with operational mechanism of trial reform. And it also includes specific imagination about next reform:Agricultural reclamation court should optimize the function of the judicial power in order to promote the positive interaction among jurisdiction, trial management and right of action. Eventually it can unify trial with jurisdiction to achieve its reform aim. This essay aims to seek the general laws of jurisdiction by inspecting agricultural reclamation as well as providing some feasible suggestions about reform on operational mechanism of jurisdiction for the people’s court.