An Empirical Study On Trial Management Activities Of The Presiding Judge

Trial management must be accompanied by a trial procedure. How to sort out therelationship between the President’s trial management and the judicial independencehas been faced by the practice of the internal organization of the people’s courts inlong-term. In the new round of reform process, it has become a consensus on theimplementation of "the Presiding Judge, the Full Court handling the responsibility" toget rid of chronic judicial illness. A study of president’s trial management activitieswill be specified in the direction of the trial court management reforms for promotingindependent and impartial exercise of criminal jurisdiction collegial panel which hasimportant practical significance.In addition to the conclusion of this article, the body consists of three parts.The first part, first of all，The article demonstrates the necessity of president’strial management activities, mainly from the following three aspects which requirepresidents’ trial management：to deal with judicial corruption and miscarriages ofjustice, to protect the people’s courts to achieve organizational goals, make up for thedefects of judges. Secondly, review of the relationship between the President collegiatebench trial management and reform in the reform process. In the former two judicialreform periods, over which the President has the right at the collegiate bench trialmanagement marginalization brought high incidence of judicial corruption, lack ofpublic confidence in the judiciary. The face of difficulties, the reform changes ideas,President trial management appears strongly return. The new round of judicial reformhas been launched to promote collegial panel to become independent judicial reformconsensus. Finally, leads to a major theoretical issue that is how to clarify therelationship between President’s trial management activities and Full CourtIndependent Trial. Theoretical studies of the Intermediate People’s Court’s trialmanagement activities of President. Taking empirical research, analyze the causes,identify the way of reform has important theoretical and practical significance. The second part, trial major management activities are attending the full court toparticipate in appraisal and auditing judicial opinions in Z City Intermediate People’sCourt President in a criminal procedure. In this paper, as a study object managementactivities of these two phenomena, problems and causes problems is analyzed. Fromthe President to attend the Full Court’s Process, the scope of the case, the opinion he orshe said. Found that the President has active and passive attendance to attend FullCourt; a very wide range of cases; effectiveness also attended the advice and guidanceof prescriptive advice. The existence of these phenomena in a number of problems,one of the main generalization attendance, the impact of the collegiate system; secondcase too wide attendance decline led to the independence of judges refereeconsciousness; Third, Presidents’ views alienated administrative instructions, damagejudicial independence; Fourthly,President of trial management authority is easilyabused, generate new corruption. The cause of the problem is that, first, to attend theFull Court is Informal institutional arrangements, there’s no relevant normativeconstraints; second,the Court of bureaucratic organizations is increasing rather thanreducing,that leads more paternalistic management needs to strengthen the authoritythrough attendance of Full Court; third, the boundaries is uncertainty; andindependent handling of unknown cause prone to alienation fourth, Trial managementauthority and responsibilities is unbalanced that leads to abusing of trial managementpowers of the President. For the President of the auditing judicial opinions goes thesame: audit process, audit revision of the content and effectiveness of the audit have onthe management activities description of the phenomenon. The procedure of residents’auditing judicial opinions is complex, constantly repeated comments phenomenon;audit revision of content and more focused on the text of the judgment; audit theeffectiveness of the revised results directly referee can change occurs. This hasresulted, appraisal program back, reducing the referee efficiency; textual amendmentsto the energy consumption of the President, the President influence the number ofinvestigators; individual cases change the verdict of the council to amend theinstrument overhead system; do not help enhance the sense of responsibility of thejudge cause psychological dependence and other issues. Cause of these problems is that the law is not perfect, practice operability is not strong; revised instrument powersand responsibilities of the referee out of touch.The third part is the proposal for the second part of the causes of the problems.On the one hand, we should improve the proposal of the President to attend thecollegiate bench and improve the supporting systems. On the other hand to promote theimplementation of the trial judge Full Court handling the responsibility systemgradually. Specifically, the order must be strictly regulated legal council afterattending when the President spoke of the body and reduce active attendance,standardized types of cases to attend to attend to narrow the scope of the case;attended mainly adhere to the law applicable to the narrative comments, try to avoidon the real deal for the principle of the proposal; establish the management of theentire trial judge traces system, the rational allocation of management responsibilities;implement Internet referee instruments to curb corruption and improve the awarenessof judges independent referee, to reduce dependence on the President trial managementactivities. In collegiate rules and law, based on the audit objections of the Presidentthe right to regulate and reduce the council back; increase the number of investigatorsPresident, responsible for the return of the Full Court of the judicial regular. Strict theimplementation of the judgment documents. Gradual implementation of the Full Courthandling the responsibility system, such as the preparation of the President in the newtrial unit, to achieve approval to return to the trial. In the management of the trialjudge to draw the boundaries on the basis of which further right in the Full Court.Improve the supporting system, establish and improve the presiding judge selectionsystem We also need to build the function court to provide relief to judicialindependence.