Study On The Improvement Of The Bailiff System Of The People’s Court In China

With the further development of China’s reform of the economic system,the economic and social reform is heading for the “deep water” section and isentering into the hard time. The social contradictions caused by the economictransition and the social transform are becoming sensitive and complex. The PartyCentral Committee with Mr. Xi Jinping as the general secretary proposed the “fourcomprehensives” on the basis of assuming the overall situation. Comprehensivelyimplement the rule of law, as one part of the “four comprehensives”, includescomprehensively implement the rules, tasks and strategic layouts. The people’s courtis an important part of the national political-legal departments, which plays asignificant role in the promotion of the strategy of governing a country by law. Thejudicial police, as the indispensable power of the people’s court, are becomingincreasingly important with their rising positions in the court of China. However, fora long-term, the judicial police are limited by various factors, so that themanagement of bailiff system needs to be improved, and the legislative basis needsto be elevated, besides, the protection of the duties should be strengthened, and theexercise of the power should be clarified. Therefore, under the background of thecurrent judicial reform, the reform of the judicial system must be enforced. Atpresent, in the field of practice and theory, most of the researches focus on thestandardization of the functions and powers of the judicial police, but there are quitefew of the researches paying attention to the comprehensive study on the bailiffsystem of the people’s court in China. This paper intends to carry out a study on thebailiff system of the people’s court in China, and analyze the current situation of thebailiff system both in the aspects of practice and theory, so as to find the bottleneckproblems in the development, and make a clear direction of the reform of the bailiffsystem in China, as well as promote the standardization and modernization of thebailiff system in China, within the framework of the comprehensively promote thecourse of governing a country by law and the implementation of the bailiff system.This paper consists of three parts. The first part is the overview of the bailiff system, including the definition of the judicial police, the history of the bailiffsystem and the necessity of the improvement of the bailiff system of people’s courtin China. The second part is the analysis of the problem existed in the bailiff systemof people’s court in China. The second part is the analysis of the status quo and theproblem existed in the practical situation. In this part, the following two aspectsincluding the execution and the management system of the functions and powers ofthe judicial police will be elaborated in details. The third part is the specificconception of the improvement of the bailiff system of the people’s court in China.The author suggests that the direction of the reform of the bailiff system of people’scourt in China should be clarified, and a perfect bailiff system of people’s court inChina should be established as soon as possible.