Research On The Security Mechanism Of The Political And Legal Funds In The Basic Level Court

American scholar Hamilton said in the "Federalist Papers" in a sentence:"who controls the judge's survival, who mastered the will of the judge." This famous saying is true. The court's constitutional functions is to exercise jurisdiction in accordance with the law and justice independence, without any authority, group and individual intervention, adequate and independent funding support is an important guarantee for the court independent of the implementation of the judicial power, if the court required to run all the funds have external control, in accordance with the law, exercise judicial power independently of constitutional expectations will be difficult to achieve?After more than ten years before the reform, the state established a "security mechanism and funding burden, clear responsibility, classification of payments decoupling, the full protection of the court system, namely the grass-roots court personnel expenses and daily operation of public funds by the financial burden at the same level, the (business) the expenses and business equipment funded by the central and provincial level and according to the proportion of the financial burden. From the practice level, security science funding court improved, related mechanisms of funds classification, such as the gradual improvement, to a certain extent promoted the independence of the courts to exercise jurisdiction, but the way that the court will guarantee funds income and expenditure are all included in the local budget category, the level of funding directly depends on the the development of the local economy, lack of funding, the local financial court, misappropriation of guarantee funds used in other expenditures of public funds such as the court persists, leading to the trial implementation and other work development is affected and restricted, this effect is particularly prominent in the grass-roots court?This will be through the A District Court for nearly five years to protect the use of funds, namely, revenue and expenditure of public funds, funds, handling equipment, handling the business tax revenue such as data analysis, non infrastructure construction funds, debt, that grassroots courts in funding, by the use of the existing fee "funds of the court is independent. The problem of local tendency", were analyzed and the cause of the problem, namely the lack of mechanism of budget independent courts, expenditure by serious financial implications, according to judicial practice, combined with China's special situation, with the current fiscal court by the provincial unified management opportunity, the proposed formulation of unified management and operation after the court new funding mechanism?...