The Study On The Judicial Administrative Relationship Between Higher Court And Lower Court Of Contemporary China

For a long time, C hinese Courts have faced with the issues of external judicial localization and internal administrative, which has also affected our independence of judicature. First, the biggest problem of impact on C hina’s independence of the judiciary is the judicial localization. In China, the judicial localization reflected in these areas : the localization about the relations between local district court and the same level of authority, the localization on finances of the Court and the appointment and removal which is the main reason that Court is restricted by local governments, as well as the local protectionism in the process of functioning of the judiciary. The administrative trend of judicial can be found in these areas: the status of the court, the trial court level relations, the judges selected system, the mode of operation in the Internal court and the court functions. Renovating the issue of external judicial localization relates to the handling of the relationship between the court system and external authority and the local government, which inevitable require the strengthen the contact of the lower court. This will affect the judicial administrative problems in the co urt. The administrative trend of judicial mainly manifested as the role of the court of administrative, court trial level relations of administration, the system of selecting judges of administrative, court of the inner workings of the administration and t he functions of the court’s administrative. The administrative trend of judicial not only affect the trial of judges by law independently, but also the independent of courts at all levels, resulting in a threaten to the realization of justice. With the development of the social economy, people have become increasingly demanding justice, how to solve the issues about the administrative trend of judicial and judicial localization have become an important issue that the judicial reform has to face with.The new round of judicial reform is aimed to eliminate he administrative trend of judicial and judicial localization, and put forward some measure, such as promoting the court below the provincial level to the unified management of human, financial. The main content is to set up judges Selection Committee, which is responsible for discipline and appointment of judges, While to develop the system that funds of local courts below the provincial are unified management by Provincial financial departments. These measures has an important impact on promoting judicial reform, re-rationalizing the relationship between lower and higher courts in order to further achieve independence of the judiciary. However, It is remaining doubtful that the reform measures on relationship between the court have the desired effect on achieving the desired effect. At the same time, part of the reform measures also may be at risk of further increasing administrative. This paper uses literature research, normative analysis and other methods. By the way of sorting out the theory of administrative relations of justice between lower and higher court, I will describe the state that court management system should be. And I plan to analysis current situation and problems on court administration of justice. On the one hand, the legislation is imperfect and unreasonable, on the other hand, the legislation is not perfect, which leads to the chaos of management and the erosion of other power, and affects the independence of the court. The judicia l reform of the corresponding solutions for the localization of the court, but this may bring a new impact on the relationship between the lower court, and bring new impact and even risks. As a starting point, this paper analyze these problems and put forward to improve the reform of the court management system.