The Conflict And Coordination Of Trial Management Power And Trial Power

Trial management services adjudgement. Court trial business system and court management system constitute the two large interdependent internal systems within courts. In the two systems, there are two of powers with different kinds of natures:trial management right and adjudicative power. Trial management right and adjudicative power are two powers coexisting in trial field of court the power, and the two jointly refer to realization of functional objectives of courts. However, overlap and interlacement of "space-time" of the two, mistiness of operation "boundaries", deficiency of regulation "track", strength and tension of trial management right with "local" characteristics and free "stretching" of adjudicative power inevitably cause leads to "collision" of the two in specific fields and lead to power heterization. Based on this and Chinese judicial practice, the paper systematacially investigates operating statuses of trial management right and adjudicative power and find out types and sources of conflict of the two. According to these problems, we put forward the idea for improvement in order to provide a realistic solution for the "Harmony co-existence" of the two at current stage. So is the basic objective of this study.Adhering to the research idea of "from practice to practice ", we take court trial system and trial management system and dual power structure of trial management right and adjudicative power as the logical starting point for discussion to analyze operating practices of the two and clarify types and reasons of conflict of trial management right and adjudicative power. With the integration of trial management resources as a focal point, construct a trial management system complying with trial rules by combining court trial management practices in our country for resolving the conflict of trial management right and adjudicative power. In this study, comparative analysis method, historical research method and system research method are applied, namely comparative analysis is carried out for court trial managements in different countries or regions, for seeking special rules and general rules of court trial managements in various countries and providing reference materials for trial management. Survey development paths of court trial managements in our country and summarize change processes and characteristics of trial management system for provide ideas for establishment of trial management. This paper focuses on the interaction trial management system and trial system within court organizations and the correlations of the two and other systems within courts. Therefore it ensures the integrity and effectiveness of research.The basic view refers to that positive "erosion" of trial management right to adjudicative power and Passive "sabotage" of trial management right source from unrestricted "flexibility " of trial management right. Trial management right itself should be regulated, while trial management right regulation should begin with trial management right itself. It is feasible to ensure normal operation of trial management right and resolve the conflict of trial management right and adjudicative power by building an internal trial management module restrained by each other. On this basis, this paper proposes the systematic idea of resolving the conflict of trial management right and adjudicative power conflict, namely it is to integrate court trial management resources, take allocation management of scarce resources in courts as a general starting point of trial management, take trial performance management that was placed at the end of trial management train and not regarded in practice as the force point for improving allocation management of scarce resources and apply effective trial performance management to avoid the erosion of trial management right to adjudicative power(active conflict). Thus, it is possible to activate the guiding and limiting effects of trial management right on adjudicative power and enhance the service and safeguard of trial management right for adjudicative power (passive conflict). A "byproduct" caused by this modification idea refers to that a scientific and effective trial management system is established on the basis of integration of existing court trial management resource system.Paper innovations lie in that based on management practices of the courts, the paper divide the basic types of current trial management into judgment transaction management, supplementary trial transaction management, trial performance management and allocation management of scarce resources and abstract four kinds of corresponding basic trial management rights from them. On this basis, the paper explores various types of organic relations between various trial management systems and constructs a systematic trial management system, based on the integration of trial management resources. Also, it is feasible to regulate trial management right, guarantee adjudicative power and resolve the conflict of trial management right and adjudicative power by establishing the trial management system.