On The Position And The System Construction Of People’s Court Funding Guarantee Mode

The traditional people’s court funding guarantee mode of our country,based on the fiscal and taxation systems changes of "unified collection state-seperated collection state-distribution tax state",and in addition,the related constitutional arrangements.The traditional people’s court mode of funding guarantee,which has always been of the opinion that "hierarchical management and grading burden" can no longer be a scientific、reasonable path,especially in the institutional environment of rights protection,power maintenance and control should get higher request nowadays.It is very much of its time and it should become an inevitable choice to charigy the scientific positioning and to refactor and improve the people’s court mode of funding guarantee,particularly in theoretical level of scientific connotation about people’s court system,meanwhile,the solution to judical sickness on a practical level.The artical starts from the connotation of people’s court funding guarantee mode and the discussion of the basis to improve the mode,after that,analyzes three academic types of people’s court mode of funding guarantee.Therefore,discovering the positional,theological,harmonious problems on our people’s court mode of funding guarantee currently in effect,which through the observation and study about basic framework changes and realistic foundation to improve.Proceeding to the next step,considering our realistic national conditions,wanting to found out the settlement to practical issues,the article make a choice in the three types of people’s court mode of funding guarantee——provincial mode.In the end,putting forward a series of institutional counter measures,which devided into the specific paths and the supporting systems.The main points of the article are as follows:1、Defining the scientific connotation of people’s court funding guarantee mode.It refers to a normalized system which need goveronment or department that possess both corresponding financial and management function.Meanwhile,the normalized system is aimed at maintaining court’s smooth operation,in response to demand of independence and justice of trial,and the last but not the least,meeting requirements of law’s rules.2、From the perspective of the target and orientation,idea and principle,input and output,revealing the insuffciencies of our people’s court funding guarantee mode,which are inaccurate positioning,timeworn developmental idea and inharmonious input-output ratio.3、Determining the direction to develop and improve people’s court mode of funding guarantee——provincial mode.The implement of provincial mode in today’s China has its feasibility and logical inevitability.4、The institutional establishment improvement on people’s court mode of funding guarantee should be taken in specific paths and the supporting systems,in parallel.