On The Reform Of Our Court System

For a long time, the court has lost its independence because of its administrative characterization and localization; the judicial organ has become a subordinate department of administration and local interest. In order to perform the principle of the court excurses of the right of judgment which is stipulated in the constitution, we have had to investigate the reason and the harm of such phenomenon. Some feasible suggestions on reform are given to solve the problem bright by out judicial system.Such phenomenon represents in many aspects. In view of internal or generation and management mode, the relationship between upper and lower courts are the relationships of supervising and being supervised instead of leading and being led in accordance with the constitution and law. But the present condition is that the upper court leads the lower court; the judge is regarded as administrative official and is under the administrative system of pyramidal tower, which leads to the officialization and classification of judge. Meanwhile, our judicial organization has been used to managing judgment in administrative way, which led to the administrative characterization of means judging, because of the administrative management or a long time. This mainly represents in two aspects. That is, functionalism in judging mode and weakness in reason of judgment. The court exercises the right of execution which has administrative characteristics, which leads to further administrative characterization. On the other hand, the strongly localization tendency of our court in organization building, subordinating relationship between the upper and the lower court, appointment of judge and resource of judicial costs leads to the badly local protection.The reason of it lies both in traditional facts and the current influence of unreasonable system. From the perspective of traditionally legal culture, the combination of jurisdiction and administration is the main character, and judicial power is a tool that subordinates to administrative power. Judicial power is not independent, which reflects it following the administrative mode. In view of current condition, somesystem's unseasonable arrangement is the cause of such phenomenon. For example, areas under specific judicial organ superpose with administrative areas completely, which strengthens localization of judicial power, and right of personnel, monetary, materials of judicial organ's loses to the hand of administrative organs. The current monetary system lies in the main economic reason of such phenomenon. Judicial organ inclines to develop local economy instead of the unification and seriousness of the state legal system.Such phenomenon of judicial system of our country roots in the wrongly definition of judicial power to some degree, that is, combination of judicial power and administrative power cause judicial power run in the some way as administrative power. Therefore, it is the premise of giving countermeasures to such phenomenon to distinguish the characteristics of the powers. Every power has its own feature, the differences twin the two powers exist in:(1) Administrative power running actively, while judicial power passively(2) Administrative power's tendency in policy, while judicial powers neutrality.(3) Administrative power's non-legality in profession, while- legality(4) Obedience in administrative management, while non-obedience in judicial management(5) Centralizations of administrative power, while separationism of judical power(6) Grantability of administrative power, while inclusiveness of judical powerThe above feature of judicial power requires the independent power of judgment. Therefore, juddered power is deferent from administrative power in essence. We shall not put administrative mode onto judicial power, activities. We should return judicial character to court. Valuing judicial characteristics means valuing the unique feature and the special running pattern of judicial power; Valuing the independence and profession of judge power i...