Research On Delocalization Of The Court

Our country constitution stipulates that the court of the People's Republic of China for the country's judicial organ,which independent exercise over jurisdiction legally.In judicial practice,however,the court is controlled by locality and has to be bend to locality because of Manpower,material resources and financial resources.Then forms the local protection.The serious court localization phenomenon affects the credibility of the court and leads to the judicial injustice,these two things makes the citizens' legitimate rights be ‘legal injury'.The court delocalization reform is urgently needed,it is the true reflection of constitutional principle,is the inevitable requirement to realize judicial justice,and is also the institutional guarantee to maintain national unity.At present,a new round of judicial reform has been launched,but through A concrete analysis about the perform-duty condition to a grass-root court,we found that the cognition that the local government take the court for the Internal institutions haven't been effectively improve,and the judges in the local people' court still face sorts of trouble to perform-duty legally.Court service overall situation,National People's Congress supervision and funding spending problems become the external resistance of limiting court to delocalization,and the judge team lack self-building and the fear of system execution to be the internal resistance for court to delocalization.To quicken up the pace of reform of the court delocalization,we should strengthen the leadership of the party,and gradually promote the reform of the court management system,and to improve the judicial credibility as well as perfecting the supervision mechanism.Then we also need to strengthen the judges' team construction and regulate the court involved in local administrative affairs,so we can optimize the distribution of judicial functions and powers.