A Study On Reform Of De-administration Issue In Court Of China

In recent years, the process of the rule of law has great-leap-forward development in country, the rule of law has become the theme of the times, and reform of the judicial system is being put on the agenda of the country. With the rule of law is the gist of a series of deepening the reform program in our country, the administration of justice issues has gradually become the focus of people’s attention in judicial reform. In this paper, hope to be able to based on the practice court in our country, not rigidly adhere to find out measures and practical approaches of court “ de-administration” reform, and strive for the Court’s internal management de-administration" provides some theoretical discussion.The dissertation studies on the administration of the court’s inner management in our country, clarifies the purpose of the de-administration thereof, by distinguishing the definitions of the court, the organizational structure of the court and de-administration issue in court of China; introducing and analyzing the status, which, specifically refers to the administration of the organization system, the judges structure and the trial operation; analyzing its malpractice, which influences judicial independence, creates judicial corruption, leads to judicial injustice and degrades judicial credibility; exploring the reasons for the court’s administration, which consists of the influence of the traditional judicial route, the perception vacancy of the judicial operation rule, and the confusion between the roles of judgment and administration in court. Then using foreign court management model for reference, and trying to establish the right mode of reform for the judicatory de-administration, which, to be specific, refers to the regression of trial-centered judicial system, the construction of the trial organization in line with the judicial operation rule and the establishment of the proper supervisory mechanism.Through this study, combining with theoretical analysis and practical investigation, preliminary achieve the following results : Firstly, not rigidly adhere to the theoretical research level, the study paid more attention to the judicial practice and judicial practice, reflecting an in-service court worker’s thinking and solving the related problems. Secondly, adopting historical analysis, literature research, comparative law research various research methods, market research method in the article, discussing the reform measures on the problem of our country’s court management "executive". Thirdly, in order to reform the internal management of court, on the base of comparative research on foreign court management patterns, according to author’s court practice and judicial reform, the study analyzed the status, the malpractice and the reasons of the administration of the court’s inner management, then suggested the concrete countermeasures.