The Consideration Of Local Courts’ Optimization Of Jurisdictional Allocation

People’s court reform takes an important part in the judicial reform. In order to carry out the basic policy running the country by law and actively promote the people’s court reform, Supreme People’s Court, since1999, has been starting to formulate and publish "the Five-year Outline for People’s Court Reform". The mission decided by the first and second five-year reform outline had been completed basically, which improved and standardized the nationwide courts’judicial reform. With the continuously development of the policy running the country by law, jurisdiction become increasingly important in the political and economic field and therefore, the Party’s requirements to judicature are higher and higher. For these reasons, we must ceaselessly reform and innovate.Considering the comprehensive implement of the basic policy running the country by law and accelerated establishment of socialist country running by law, the17th National People’s Congress made an important decision——deepening the judicial system reform, from which the optimization of jurisdictional allocation is the core and also the key point of establishing impartial efficient and authoritative socialist judicial system. To follow out the17th Congress spirit, put the Central Committee’s requirements of deepening judicial system and work mechanism reform into practice and realize the scientific development of people’s court, Supreme People’s Court, in accordance with maintaining social equity and justice and meeting people’s new demand and expectation for judicature, formulated and published "the Third Five-year Outline for People’s Court Reform(2009-2013)" whose main task and content are optimization of jurisdictional allocation of people’s court. It means that judicial reform has been developed according to the path "reform of court hearing methods——amendment of litigation system——-transformation of judicial system".However, jurisdictional allocation should be provided with legitimate foundation. Limited by the current status of judicial structure, judicial subject when exercising jurisdiction has always been influenced by external limitation and restriction and, when dealing with the relationship with the ruling party, authorities and administrative organs cannot achieve full judicial independence. Within judicial organizations, collegiate bench responsibility has been weakened and judges’ judgement right has been interfered subject to the long-term administrative leadership. Therefore, it is necessary to make definite authority responsibility. The long-range target of optimizing the jurisdictional allocation is to establish impartial efficient and authoritative socialist judicial system, and the current target is to solve the balance between justice and efficiency and the relationship between judicial independence and democracy. Meanwhile, realizing the power’s check and balance and the power-responsibility accordance are also two of the targets at present to achieve judicial value by means of the optimization of system and system’s operation.The key problem in the process of judicial reform is how to realize the optimization of jurisdictional allocation. The general idea is to reform and perfect the current external, internal and management systems. In term of details, when dealing with the relationship of external structure systems, we should treat properly the relationship with the ruling party, authorities and administrative organs to achieve the judicial independence on the basis of finding out the judicature’s position in the constitutional system; when perfecting the current internal system, we must define the position of courts’functions and powers, establish an authority structure oriented by the judicial judgment, optimize the authority system of judicial administrative right, and perfect the building of technical sections. Judgement and management system construction is a dynamic process aiming to realize the effective judgement through proper procedure and regulation integrated with the internal rule of judicial act. Clarifying the judgement and management power, building judgement and management system and meeting the realistic demand of judicial practice are the feasible idea and way to optimize the jurisdictional allocation.