Analysis On The Judicial Operating Mechanism Under The Background Of Judicial System Reform

As one of four important aspects of this judicial system reform, the reform on judicial operating mechanism the core reform link of improving the judicial responsibility system,which specifically reflects the “tried by the judge and borne by the jurist”, an important method to enhance the judicial public force and the fundamental guarantee to realize the judicial justice. Therefore, the empirical study on the trial operating mechanism is of great importance in theory and practice. This paper directs the prominent problems reflected in the current trial operating mechanism, makes case study on the pilot project of reform on trial operating mechanism initiated in Chongqing S Court, and proposes the effective means and implementing approach to the reform on trial operating mechanism. By means of investigation and research, case analysis and comparative research, this paper makes comprehensive analysis on the basis of the first-hand documents and data and researches the approach to the reform on trial operating mechanism.Apart from introduction and conclusion, this paper is composed of four parts about17,000 words: the judicial reform background of judicial operating mechanism research, the introduction to trail operating mechanism and prominent problems reflected in the current judicial operating mechanism and reform and improvement of trial operating mechanism which takes Chongqing local practice as an example.Part One introduces the background of judicial system reform in our country, begins with the motive and value orientation of reform, makes simple conclusion of the judicial reform road in the recent forty years in our country, introduces the objectives, contents and initiation process of the judicial system reform initiated in the third plenary session of the 18 th central committee of CPC in 2013 and elaborates the key and core role of reform on trial operating mechanism in this judicial reform system reform.Part Two researches the theory for judicial operating system, firstly clarifying the meaning and functions of trial, then summarizing the basic connotation and characteristics of trial right, and finally introducing the definition of trial operating system from the perspective of purposes, subject, contents, and means of trial operating system.Part Three elaborates the prominent problems reflected in the current trial operating mechanism, explains the seriousness of administrative trend in the current trial operating process from the perspective of separation between trial right and jurisdiction right,ambiguous responsibility between the subjects with trial right, and unsound trial organization system, which reflects that the administration of judicial right in our country has seriously influenced the normal operation of judicial functions.Part Four takes pilot project of the reform on trial operating mechanism initiated by Chongqing S Court in 2014, and reviews the experience and achievements of Chongqing S Court in running the reform on trial operating mechanism from the perspective of the basic information of the court, the core objectives and overall contents of reform pilot project,reform on collegiate bench, reform on trial committee and attempt to introduce specialized judge meeting. Through reform pilot project, this court has initially formed the trial operating system featured by Innovation, pertinence and practicability.Finally, the author takes this paper to offer some suggestions for exploration the development road of trial operating system with Chinese characteristics in reform and innovation.