Discussion About The Approval Of Litigation Cases

From the early eighties of last century, there are different voices on the retention ofthe case approval system in China’s judicial practice.The people who advocated the abolition of case approval system considered that caseapproval system means that the trial and sentencing will separate. It’s not only may lead toincorrect judgments but also contrary to justice program. The people who support theapproval system think that this system helps to implement democratic centralism andcompensate for the lack of judge’s individual ability. It’s also helps judger trialsindependently. Supreme People’s Court has also been given attention to approval of theretention of the system. In1999-2003the first "people’s courts five reform program"section18in accordance with the provisions of the presiding judge and the trial judgeissued referee duties instruments. But because the judge’s conduct and personal qualitiesare not caught up during the second "People’s Court Reform Outline five years" from2004to2008, resumed the case approval.The reason why disputes practice abolition approval system lies in an open andtransparent judicial public attention, but case approval system is suspected of secretoperations. The good news is Chengdu courts have begun to explore, it will define thecase approval system for judges judicial management. But it does not seem to grasp theessence of the case approval authority to set a trial management rights over the trial, doesnot comply with the laws of the jurisdiction set of rules.This paper from the aspects of the traditional judicial philosophy, the concept ofjudicial independence, our current People’s Court Organization Law Litigation and courtcases, such as the approval of the system as a comb to find the case for approval ofexistence value.