On Lack Of Independence Of The Judicial Budget In China

Over time, the times are ahead, and China is also in the ever-changing twenty-firstcentury, the speed of development is amazing the world. And the Party’s18thconferencevictories convene indicates that China has entered a new one age, China will soon be a newattitude in the world. Blink of an eye since the reform and opening up three decades later,the development of China’s various systems is almost going to the direction of globalization;one of the most eye-catching is the judicial reform. However, judicial reform for so manyyears, we still can not be regarded as an independent judiciary, there are still manyproblems difficult to solve in the exercise of judicial power in many respects, but all theproblems, especially the independence of the judicial budget is missing the most important.Judicial budget is the source of the judicial funds, is the foundation of the legal systemeconomy, in current Chinese judicial practice has such an embarrassing question, we arealways in the reform to seek judicial powers independently, but as the judicial power of theeconomic foundation, the exercise of the right of judicial budget is always by theadministrative organ in charge, like our “wallet” is replaced in the hands of others, we evencannot command to the power of money. Judicial power is the basic of people’s rights to beguaranteed, is the maintenance of civil justice, but even the judicial neutrality is notguaranteed, so how to be sure the power of the people can be exercised.This discourse is aimed at the independence of the judicial budget issues, throughreference some overseas countries judicial budget system and its guarantee measures.Firstly, we must know what the judicial budget is. Secondly, we should know why thejudicial budget should be independent. Then study China’s judicial budget system to findout how it be formed and the harm it can be or will be. So we can provide some feasiblesuggestions, I hope to be able to advance our country judicial budget independent reform,and promote the process of judicial independence, to look forward to an early realization inthe party’s eighteen report described the future of democracy.In this paper, I use the comparative method and positivism analysis method. Thejudicial budget system itself is highly practical, in the analysis of the independence ofjudicial budget of malpractice and reform, this article mainly uses the method of empiricalanalysis, combined with in-depth comparative study of the budget process and related data.Only by comparison can we find the similarities and differences and can be more findclearly a feature, advantages and disadvantages, and the subsequent improvement direction.Throughout the world, many developed countries have established an independent judicialbudget system, and the national judicial system play a decisive role. In our judicial budgetindependence reform exploration, through the comparison of foreign independent judicial budget system, especially in Britain, the United States, Japan and Germany these fourcountries’ independent judicial budget system, to find out the suitable for the practicalsituation in China and the relevant provisions, the future to our country the establishment ofan independent judiciary budget system to provide reference. To comb and analyze,summarize the judicial budget independent course of obstacles and the correspondingsolution ideas. Finally we can expect the judicial budget which will have independentrunning times, it is also the direction of globalization development and China’s reform.