Research On Judicial Reform From The Perspective Of Judicial Decision Behavior Management

Comprehensively deepening reforms are taken emphasis in the 4th plenary session of 18th CPC Central Committee, and since then the debating of the judicial reform theory is increasingly fierce for almost decades. However, what theory is the most appropriate to analyze the judicial reform is still uncertain.This paper will take the theory of Fang Hongwei working in Jiangsu administrative institute to inspect the judicial reform. He recently proposes the judicial decision behavior theory, namely, starting with the medium of microcosmic and specific judicial ruling behavior to study how to comprehensively use the existing various "capital precipitation" of justice, in order to achieve the aim of judicial management-producing satisfactory judicial decision.Different from previous researches, most of which are in the view of law, management research redefines the goal of judicial reform and improves the standard of the satisfaction of the concrete practical judicial ruling behavior. This is easier to implement, compared with the traditional sense of the implementation of justice and the justice for the people.Furthermore, analyzing judicial reforms by using the management theory of judicial decision behavior is different from the "question-countermeasure" research paradigm because it takes advantage of the function, which is easier to observe all kinds of factors of positive and negative effects on the judicial decision behavior and possible interactions between them. This analysis is handier to take all the factors into account than "the western theory", so it has stronger adaptability; it is also better than the "traditional local theory" because it can find the problems in the existing judicial system more easily.In conclusion, the analysis of the management theory of judicial decision behavior admits the inherent limitations of the judicial reform in our country, and is accordance with "relative rationalism" supposed by Long Zongzhi in the stage of reform. This also keeps pace with the recently operating judicial reform of the central party. This theory is advantageous for the independent analysis and gives consideration to the influence of various factors. In addition the introduction of management principle can also discuss how to maximize the efficiency of judicial reform with little cost. As a consequence, the author deems that in the future the theory will be accepted by the common judicial reform and support the judicial reform strongly.