On The Study Of Unified Management Of The Sub-provincial Local Court

The unified management of the sub-provincial local court is a new measure of Judicial Reform, which put forward by the third plenary session of the eighteenth.The direct objective of this reform is to settle two major problems which affecting the independence of judicature, one is judicial localization problem, the other is judicial security administration issues. This reform has certain rationality and feasibility because it is respecting the independence of judicial power, following the rule of judicial power, and it is also because that this reform is basing on our country’s basic national conditions and following the constitution and law. A lot of scholars and experts focus on this reform, someone gave high evaluation on this reform, someone worried about this reform. They think that this reform can not completely solve the provincial local protectionism, and may be in violation of the provisions of the constitution. They also worry that this reform may strengthen internal security administration between higher and lower court. In order to avoid these problems, the reformer should strengthen top-level design, and perfect the relevant reform measures. The key measures is to choose a new management mode suitable for our national conditions. Drawing on the court management experience of western countries and the suggestions gave by scholars, the district court’s personnel and property manage by The provincial people’s congress is the best management mode for our national conditions. This management mode is not only comply with the provisions of the constitution, but also can avoid provincial regional protectionism and security administration tendency between higher and lower court.