Study On The Reform Of Judicial Organization In The Perspective Of Judicial Modernization

Modern justice is a kind of system which takes the court as the main organization carrier and the basic unit to realize the target of its function and value. So the construction of the court’s own system becomes a fundamental issue in the construction of judicial system in modern nations as the court is a judicial organization in a broad sense, in which the construction of internal judicial organization of the court is the core content. This is not only because the judicial organization is the specific carrier of trail power’s operation, but also because the system of the court’s internal judicial organization is the integration point of various parts of judicial system, whose structure and operation directly reflects a nation’s judicial system. After the CPC’s Eighteenth National Congress, a judicial reform involving many aspects began to launch intensely. In this context, the system of judicial organization must also be changed in order to integrate with other reform measures, then joint their efforts to promote the judicial reform further deepened. Therefore, this paper proposes that to seek the reasonable path to reform and perfect our judicial organization must take the value idea and basic principle of judicial modernization as the guidance and criterion.The main content of this paper is made up of four parts:The first part is the basic theory of judicial organization under the judicial modernization. Firstly, it expounds the meaning and basic principle of the judicial modernization, followed by the characteristics under the guidance of this value idea and principle.Then the paper briefly introduces the type and scope of the existing judicial organizations in our country at the end of this part.The second part is the investigation and reference of judicial organizations in other countries. According to the types of judicial organization, this paper respectively introduces general situation of Sole Judge Bench, Collegiate Bench and Jury in developed countries and areas in the rule of law, analyzes their trend of the development in these countries, and summarizes the excellent experience of the judicial system construction to our country.The third part discusses the problems of the judicial organization in China now. This part takes two aspects that the legislative orientation of the judicial organization in People’s Court Organization Law and three procedural laws and the practice of judicial organization as breakthrough point, then respectively summarizes the problems Sole Judge Bench, Collegiate Bench and Judicial Committee. The paper also analyzes the problem in division of labor and distribution of responsibility among the three types.The fourth part elaborates the specific measures of judicial organization reform in the process of judicial modernization and in the background of judicial reform. The paper demonstrates that to redesign the internal power structure of the court and to straighten out the relationship between the trial power and trial management power are the premise and basis of the judicial organization construction, then puts forward the concrete design scheme. Based on this premise, the paper puts forward some suggestions and opinions on improving the judicial organization of our country, which aim at the existing problems. These suggestions and opinions around three points:amending the legislative orientation of Sole Judge Bench and expanding its scope of application; strengthening the judicial power of the Collegiate Bench and promoting its substantiation; relocating the functions of Judicial Committee and improving its working mechanism.