On The Reasonable Operation Of Judicial Power

Since the beginning of 1980s,the judicial system reform has always been a hot topic in the academic field,theorists and practitioners.To comprehensively promote the rule of law in the process of deepening the reform of the judicial system is an important aspect of the realization of national governance systems and governance capacity modernization,but also to ensure the necessary measures to improve the fair administration of justice,judicial credibility.The party's fourth plenary session on the third Plenary Session of the 18th CPC Central Committee and defines the requirements of the reform of the judicial system,and to make a comprehensive and thorough deployment and arrangement.The implementation of the pilot reform of the judicial system provides an indispensable experience and lessons for the reform.The judicial system reform is to realize the reasonable operation of the judicial power,and the call of the reasonable operation of the judicial power originates from the question of the administration of the trial.The background of the reform of the judicial system is currently under the jurisdiction of the reasonable operation mainly has the following problems:first,there is a question and influence the efficiency of the trial mode of operation,namely the case issued the approval system and the judicial committee meeting to discuss the way of case decision system;two,combined with the internal and external environment of the court,the court within the judicial resources unreasonable allocation,evaluation mechanism is not scientific,the property subject to the local court,handling more interference factors and other issues by the three judges;at present,the management system is not scientific,administrative dependence is strong,no special occupation characteristics reflect the judges;four,case less than a contradiction is more and more outstanding.All these are the reasons why the public has to question the justice of the judiciary.And in the courts of the judicial system reform,it should be "how to change",there is still no more clear and comprehensive approach and measures.A new round of reform of the judicial system is under the leadership of the Party Central Committee to actively promote orderly,the national court is concerned about this round of the reform of the judicial system of the background of the times?What problems to be solved?How to promote?In the context of the current judicial reform,how to achieve the reasonable operation of the judicial power?All the problems in this paper.A reasonable operating mechanism of judicial power should ensure that the authority is authorized and can be exercised independently,fairly and efficiently.In order to achieve the rationalization of the above requirements,this paper proposed the judicial system reform based on summarizing the experience and lessons,to reform the court internal work mechanism,the main contents are as follows:first,innovation of case handling mechanism,including the decentralization of the bookmarks right,by the hospital,the president should directly participate in a collegial panel,the presiding judge in charge of the system strictly,the misjudged cases,the reform of the trial committee dealing with the case of the trial committee mechanism,trial organization position clear;two,reform the internal working mechanism of court,establish unified property management system,improve the supervision mechanism of judicial operation,clarify the scope of judicial support staff duties;three,improve the justicer occupation guarantee system,establish the management mechanism special judges occupation,scientific allocation of judicial personnel,increase the judicial personnel's personal protection;four,Efforts to solve the problem of many people less.This paper tries to analyze the background of the reform of the judicial system,which combined with judicial practice,to the jurisdiction of the operating mechanism of the problem as a starting port,advise to the jurisdiction of court and reasonable operation reference factors internal mechanism analysis one by one,reasonable operation of the judicial power to make the vision description.