Study On Performance Evaluation System Of The Court

The court performance evaluation system, used to measure and evaluate the working performance of courts at all levels, the result of which is supposed to promote the working enthusiasm of the staff of the court, provides institutional protection for the achievement of judicial and efficiency values. The unscientific and unreasonable factors of the court performance evaluation system has much negative influence on the criminal proceedings. Studying these negative factors is Important reform move of improving the court performance evaluation system and maximizing criminal proceedings benefits. At present, it is necessary to try establishing and constantly improving, based on judicial practice and current judicial operation environment, a performance evaluation system and corresponding auxiliary systems which are in accordance with the patterns and characteristics of judicial trials.This thesis focuses on the problems of court performance evaluation system in China and makes suggestions for its reform. Besides the introduction, this thesis includes the following five parts:The first part, which provides researching background for court performance evaluation system, contains the theoretical definition of court performance evaluation system and its related conceptions, a brief introduction of its three stages in China, and analysis of laws and theoretical basis that support court performance evaluation system. The next part selects two local courts’practice, concludes the general situation of court performance evaluation in China and further analyzes the reasons behind the characteristics of current court performance evaluation system. The third part introduces and analyzes the detailed content and forms of court performance evaluation systems in the U.S., German and Macao of China, respectively as representatives of common law and civil law legal systems, and draws useful inspirations from the above. The fourth part demonstrates the calculation method, functions and defects of three representative indicators for court performance evaluation:rate of case settlement, rate of cases filed an appeal, rate of appeal cases changing the original decisions. Based on the established fundamental principles of court performance evaluation system, the last part comes up with suggestions on specific measures for its improvement.