The Historical Evolution And Realistic Reflection On The Optimization Of Judicial Administrative Power

In recent years the optimization of judicial functions and powers is an important proposition of the judicial reform. To deepen the reform of the judiciary system, optimize the distribution of judicial functions and powers, standardize judicial practices, and build a fair, efficient and authoritative socialist judiciary system is one of the most important goals of the reform of judicial system and working mechanism. Judicial administrative power is an organic part of the judicial functions and powers which including the managerial power of the judicial affairs, judicial administrative affairs, judicial personnel and executive power of the case. The optimization of judicial administrative power inevitably affects court management and the relationship between court system and judicial administrative organs, affects the abatement of administration and the abatement of localization in the court system. At the same time, it affects the reform of court management system, financial system, and personnel management system.The optimization of judicial administrative power emphasizes to avoid the negative effects of the executive branch and administrative actions form its endorsement. How to avoid judicial arrogance without the power-balanced structure from the judicial independence is another proposition of the optimization of judicial administrative power. The assurance and intervention of the executive branch and administrative actions and the judicial independence and arrogance constitute the logical dilemma, which cause the conflict between the executive branch and judicial branch and the iterative process of the judicial administrative organ's accreditation and the difference between the several modes of the optimization of judicial administrative power in the eastern and western states.Because of the traditional system of executive-led and the essential feature of the resources allocation by power in the judicial system, the relationship between the judicial trial power and judicial administrative power has been serious alienation. The judicial trial power has gradually lost dominant position and has to attach to the judicial administrative power with its expansion. Administration of judicature has been prevailing in the whole judicial system. The lack of isolation mechanism in the optimization of judicial administrative power made the localization of judicature and the over-reliance on local government for material and personnel resource. The court has to be subject to local government and serve for the local development with the position of local government as their own position. The "State Court" has gradually degenerated into "Local Court"Summarizes the historical change of the optimization of judicial administrative power since the New Deal in the late Qing dynasty and the common law of the optimization of judicial administrative power in Western countries (Including Japan, United States and France), the future judicial reform program must respond to the current serious problems of the administration of judicature and the localization of judicature. The future judicial reform including the optimization of judicial administrative power should be to shape the judicial public faith force as its fundamental aim, to reform the existing system for the separation of judicial and executive power and the independence of material and personnel resource as its breakthrough moment. The optimization of judicial administrative power itself is a multi-option open proposition, which determines the best option should also be diverse and open. The author advocates its dynamic optimization, according to the different stages of judicial development to select the different optimization mode and adjust timely to appropriate to the situation.