On "De-Administration" Reform Of Courts Management Of China

In these years’ National People’s Congress, more and more NPC deputies chose toagainst or abstain from voting the Report on the Work of the Supreme People’s Court,and the against rate raised to20.6%as a historic high number in this year. The mainreason of the dissatisfaction is the Injustice legal circumstance. My research is a veryimportant direction to find out the form of the Injustice legal circumstance.This article is composed by4parts, the first chapter is the concept of the Courts’Management, direction and the theories. I needed to confirm the concept of the Courts’Management, including the management of the profession, administration and humanresource. The direction of the reform is to achieve the real independent Jurisdiction.The second chapter is to introduce the circumstance and malpractices. Basic on theadministrative situation in almost every part of the Courts’ management, the realindependent Jurisdiction is hard to be achieved.The third chapter focuses on the reason of court management administration. Froma historic perspective, this study regards the court administration reason as a response tothe political system requirement that leads the court to follow up the administrationmanagement both in institution and in ideology.The fourth chapter illustrates some suggestions to the court reform. Based on theexperience from the United States, which is Common Law system, and German, whichis Civil Law system, this paragraph put forward some reform suggestions. In terms ofexternal political framework, improving judicial authority by balancing the relationsbetween the Party, NPC, Administrative institutions and the Courts should behighlighted. Meanwhile, straighten out the relations between the superior and inferiorcourts, classified the management of internal staff, strengthen the supervision over themanagement of trial as well as improving the financial support for judges must befollowed up within the internal court system.The problem of court administration management has been discussed for manyyears. It heavily restricts the judges’ power of delivering independent decisions, and also influences their personality. All those lead to the cause of injustice. To ensure theachievement of the fairness and justice, it is extremely urgent to start thede-administration reform of courts, and set up the judge-centered, trial-centeredadministration system.