Bureaucracy Expansion Of The Court Management System In China

Judicatory with administrative characteristic has always been a big trouble of China judicial system,which has a bad effect on the independence of judicial office.With the fact that The Third Plenary Session of the 18 th CPC Central Committee passed “Decision of the Central Committee of the Communist Party of China on major issues concerning comprehensively promoting the rule of law”,a profound reform of judicial system is under way."The reform of the judicial committee system,improve the presiding judge,the full court handling responsibility,let the inquisitor judge,the judge is responsible," to make clear the courts function,a series of measures to regulate the lower court on the trial level oversight relationship "is all about weakening or eliminate the administration of Justice,ensure judicial neutrality,and ultimately justice.However,due to the court will inevitably deal with a lot of administrative affairs,and for the effective operation of the court,the court system will inevitably exist within the hierarchy of administrative management.It can be said that how to realize the organic coordination and effective compatibility of the court trial(independence)and the Court Administration(administrative division)is an important line in the judicial reform of our country.Therefore,this thesis will take China’s court management system as the research object,analysis of China’s management system of bureaucratic problems and make reflect on its formation mechanism,pointed out that the key problem of the reform of court management system lies in the conflict and integration of judicial authority and administrative hierarchy.The basic premise of this thesis is: as a court,the duration of operation and management can not leave,on the contrary,in order to better achieve the purpose of providing good public products for society,there must be a certain level of management.The court reform is not to avoid or reject bureaucratic administrative affairs,on the contrary,it will inevitably to deal with a lot of administrative affairs.Moreover,to exercise judicial power precisely the assist of the management right is needed.So the key problem is that,in accordance with the division of view,distinguish a hierarchical structure(hierarchy)based management functions with the same structure(equality)based trial functions to implement court management system and the judicial system at the time of the establishment of the desired "trial" and "tube" auxiliary division of labor,in order to avoid the functions of confusion,resulting in management right expansion,intervention and erosion of jurisdiction phenomenon.Therefore,in the process of judicial reform,we should not just emphasize the reform of administration of justice,instead,we should focus on the administrative division of the court and the division of the professional authority of the trial.This thesis contains 4 chapters.Chapter one: court and the heterogeneity of court administration.The main idea is to start with the concept analysis,and through the introduction of the concept and characteristics of court management to try to have a more complete understanding of the court management.Secondly,from the conflict of judicial system of audit judgment right and management right of the Court pointed out that structural heterogeneity caused by duality of judicial system of internal judicial power and administrative power.It shows that under the ideal condition,the perfect state of the relationship between judicial power and administrative power should be a kind of power structures that judicial power at a core station.The second chapter is about the heterogeneity of court management and the operation mechanism of judicial power.This chapter is divided into two parts: the first part of the meaning from the court management bureaucracy with the analysis of the connotation of court management bureaucracy,pointed out the unique character of bureaucracy of court in Chinese context,and focus on the distinction of court management bureaucracy and court management bureaucracy expansion;the second part is based on the concept of court management,analysis of management rights expansion erosion and the impact of the trial run in three aspects on the lower court,court jurisdiction and operation system of judges.The third chapter is the analysis of the multidimensional reasons of the expansion of the court administration.This part is mainly from four aspects to analyze the reasons for the expansion of the court’s administrative power and the erosion of judicial power.The first reason is to explore from the ideological roots,influenced by the traditional ideology,that is the beginning of the establishment of the court in the implementation of the political function of national tools;the second reason is to borrow Mirjan R.Damaka judicial dichotomy theory believes that this is the implementation of the policy,natural selection and judicial;the third reason is to show that the intervention of management right to the judicial authority is a kind of political compromise under the overall situation;The fourth reason is that due to in the development process of our bureaucratic system,having some modern elements on the one hand,and retaining some of the traditional factors,China’s court bureaucracy had half human and half rational characteristics,which provided soil for expansion of management right.The fourth chapter is about the reconstruction of the relationship between the administrative power and the judicial power under the stratification of the court administration.This part is mainly to the concrete according to the actual situation in China at present,some reflections about continuous intervention,erosion trial power by a court management,which should be the change of the power of the service as the leading power,to reconstruct administrative authority and jurisdiction the relationship between the two.Mainly includes three parts: in the first part,straighten out the relations between superior and inferior courts,we should improve the trial supervision,clear the superior court authority,improve the assessment mechanism;the second part in the reconstruction of court trial operation mechanism,we need to do explicit configuration and definition of the judicial authority,the abolition of school(president)case examination and approval system and improve the system of Judicial Committee;in the third part,to improve the judge rating system,we need to separate evaluation of judge grades with their administrative duties and separation of the judge’s wages with judge grades.