Court Management System Study

Since the 1980s, under the background of fact that our country's society makes the transition, the system goes through transforming, court's reform has developed rapidly and acquired a great achievement: there is new break-through in the judicial organ setup and management system, the reformation of judicial method makes important progress and the judge management system is perfected further. But compared with the overall goal that " realizes equity and justice in the whole society" which was put forward by the 16th national congress of the communist party of china, the refonn measures which are introduced by court system do not suit the goal of judicial refonn, the space of the reform is narrow, motive force is insufficient, the development of refonn between different regions is imbalanced and the legitimacy of some reform measures is being oppugned.There are numerous reasons for why the Chinese court reform is fluctuating in hallow water district all along, but the basic reason lies in the defects on system design. The court management system, which is now implementing in our country, comparing with other countries, is unique in the sense of modern law. This kind of management system has three drawbacks: first, the judicial powers are localized. Second, the management inside the courts runs with administrative measures. Third, the judges are professionalized.Judicial power is localized is a phenomenon of the split of justice, which is caused by the reason that the exertion of judicial power is restricted by local regime in varying degrees. In essentially, it split the justice, damaged the authorities of constitution and law, and destroyed the unity of legal system. Its origin lies in that the setup, personnel and finance of the court in our country are all fall within the local authority, which lead to the local protectionism. We can say that the judicial powers are localized is the important reason of the phenomenon that laws are not observed, laws are not strictly enforced and violators are brought to justice are existed seriously in many places at present.The management inside the courts runs with administrative measures means that the people's courts still adopt the administrative ways that approval are meet according by it grade and leaders take charge in the organization and coordination of justice.Embodied in: the higher court is too much in intervention to the inferior court, continue to use a lot of administrative ways in management inside the courts at all sevels and so on. Adopting the management mode of examination and approval in judicial work played a positive role in the period after the found of our country, but with the constant development of national democratic politics, the social condition that this kind of management mode depended on for existence has changed, so reform the management mode, make administration of justice work develp along the track of modern democracy and law must be required.The judges arena professionalized means that regard the judges as the cadre in the government and the party but neglect the requirement of judge's specialization. It can meet the need of court's team in our country is not high on the whole, there are deep social effect and political meaning in advancing the build of judge's professionalism and improving the quality of judge's team in a more cost-effective manner.At the present stage of our country, judicial authority has far distance from ideal mode. The phenomena that justice loses right is widely exists, especially shown as the miscarriage of justice and difficult to execute. Only through the court's management system reform, implement the principle that the people's court exercise judicial authority independently, this problem could be solved hopefully.What kind of standard the court's management system reform of our country should reach is the question that a court reforms should be answered at first. In view of the particularity of our national conditions, the goal of the reform of court's management system of our country should be orientated as: pursue the judicial impartiality, pursue judicial efficiency and pursue the judicial independence.The judicial impartiality is the first goal and basic value orientation of the court reforms, because the judicial impartiality is decided by nature of the judicial activity, it is the life of the administration of justice. The judicial impartiality includes the substantive impartiality and the procedure impartiality. Emphasizing the procedure impartiality can be regarded as the breakthrough point of pursuing the judicial impartiality for the court of our country nowadays. The realization standard of the judicial impartiality is that: impartiality become the basic content of judicial officical's legal consciousness; apply the substantive law correctly on the basis of observes theprocedure justice strictly; judicial official keep honest and upright.Judicial efficiency includes three meanings: first, the reasonable judgment can be made and executed rapidly; Second, making and charring out judgments cost lower social expense; third, the executive rate of the judgments is higher. At present, we should pay attention to the following several points in order to realize judicial efficiency: first confirm time limit of handling a case rationally, carry out time limit for concluding a trial requirements strictly; second is to set up pluralistic judicial system; third, confirm function of court trial rationally, raise the rate of judgments at court; fourth, reform the enforcement system, devote more efforts to enforcement; fifth, take effective measures shorten the lawsuit time.The judicial independence includes three meanings: the first is the jurisdiction independence; the second is court's independence; the third is judge's independence. In these three meanings, judge's independence is at the core and on the foundational status and the jurisdiction independence should be implanted in the judge's independence.After orienting the clear target of the court's reform, in operating lay, scientific tactics and methods should be used, and concrete measure should be adopted to deepen court's management system reform.The tactics and methods of court's reform include: set up the leading organs and job organizations of the judicial reform; make the national outline of justice and reform; revise relevant laws; take the effective reform methods involving making experiments, from top to bottom ,fully fanning and increasing the transparency.The concrete measures of deepening court's management system reform include: first, reform court's personnel management system, take the power of appointment and removal judge in local three class court back to the provincial standing committee of the national people's congress; second, reform court's financial safeguard system, implement income and expenses in two ways completely; third, reform the court setup system, implement the soke separated from administrative districts; fourth, set up judges professionalizing system.