On Establishing Judicial Jurisdiction System Separated From Administrative Districts

Because our country is in accordance with the administrative jurisdiction to set up, has provided the convenient condition to a certain extent for the administrative power of external factors such as the intervention of judicial activities, the judicial independence, the court can not fair trial activities, leading to the credibility of the judiciary continue to decline, is not conducive to the construction of the socialist rule of law. Therefore, to get rid of the judicial independence, the local pattern of rising expectations.The author of the eighteenth and the Fourth Plenary Session of the Third Plenary Session of the judicial system of the directions given on the background to the establishment of inter-administrative division of the People's Court to break all the difficulties currently faced by the system of jurisdiction in the method has its own rationale, help reshape the public credibility of the judiciary, the more important is that by redesigning the system, get rid of the people's court for judicial acts undue interference from the executive power and local governments, to better meet the independence and professionalism of judicial power requirements.The first chapter is to elaborate on the concept of institutional jurisdiction and justice at home and abroad to be introduced to the area. By introducing the concept of jurisdiction to elicit system, through introduction of judicial and extra-territorial zoning, compare obtained flawed system of jurisdiction, namely the jurisdiction of the system is set up in accordance with the administrative division, which is set mode, resulting in a series of problems.The second chapter discusses the necessity of establishing administrative divisions separated from the jurisdiction of the judicial system. The line is mainly discussed in two ways, meaning that the defect with the establishment and jurisdiction of the existing administrative divisions of our judicial system separate from the jurisdiction of the judicial system in two ways. In a first aspect, the author summarizes the existing jurisdictional system has the following problems: 1, resulting in localized Court; 2, leading to an imbalance of judicial resources; 3, resulting in the judiciary is not independent. Through the introduction of this section, and thus leads to the second aspect, namely the establishment of meaning and administrative divisions separated from the jurisdiction of the judicial system. Namely: 1, which will help to ensure that justice remodeling two judicial authority, which will help optimize the allocation of judicial resources, improve resource utilization efficiency 3, which will help maintain the independence of the judiciary, protection of the interests of four people, and promoting economic development and maintaining the uniformity of law 5, which will help to strengthen the judicial right to supervise the executive power.The third chapter discusses the principles of the reform jurisdictional system and should be followed by a reference standard. In order to make the jurisdiction of reform have rules to follow, I think need to follow five principles. Reform of the judicial system which involve redrawing jurisdictional jurisdictions, which requires a standard, so in the second quarter, the author proposes criteria divided jurisdictions. The fourth chapter discusses the People's Court set up specific ideas across administrative division. In the first three chapters of this chapter based on research and our experience of pilot courts across administrative division, we proposed to further improve cross-administrative division of the court system specific measures.