The Choice Of Safeguarding Judges' Fair Trials In China

Fair trial is the basic requirement of a country under the rule of law,and it is also the top priority for judges to perform their duties.In the process of the rule of law,litigation cases continue to grow.It is particularly important that trials are the last resort means and means to resolve disputes.Fair trial includes the fairness of the trial process and the fairness of the trial result.It requires the trial person to be neutral among the parties,to be impartial,and to maintain relative independence during the trial process.It is not easy for the factors other than the law.The impact also requires the trial to be open to public awareness and supervision.It also requires the trial to be conducted directly to avoid indirect trials of possible injustices.Judicial power,as a power exercised exclusively by the judiciary,necessarily requires its exercisers to have relevant professional knowledge and skills.As a special value,fairness requires certain efficiency.The factors that affect the fair exercise of judicial power are not uniform,and not only its internal structure will have an effect on it,but also the external court management system as the institutional environment for the operation of trial power also has an impact on the exercise of judicial power.China's current court management model has a certain degree of administrative color,represented by the judge's bureaucratic management system,case approval system,case notification system,and the trial committee system.All these systems violate the basic requirements of a fair trial.The reason why our country has the administrative management model of the court is the influence of the traditional Chinese legal culture that is mixed with the judicial administration.It is also the inevitable requirement of the political system and the economic system at the beginning of our country's establishment.It is also related to the current situation of China's lack of judicial resources.However,we should also be soberly aware that there is a certain contradiction and conflict between the judicial power as a judicial power and the administrative orientation of the management system.It is necessary to clarify the difference between the two and find a suitable connection point so that they can follow their own laws,under the premise of reasonable operation.It requires the establishment of judge centralism in order to ensure that the fair trial of judges is the first principle.To ensure the fair trial of judges,the basic path is to reform the administrative model of the court.In recent years,China's ongoing judicial reforms have paid attention to this issue.Although its starting point is correct,there are still certain problems in practice.In order to truly realize the reform of the administrative management system of the court,we must first reform the management system of judges,innovate the method of selection of judges,implement a management system that is different from ordinary civil servants,and grasp the methods and limits of performance evaluation.Second,abolishing the case approval system,reforming the functions of the president and the president,weakening the function of the business court,and truly making “the judges of the trials and the judges responsible”.Then,we must cancel the case-reviewing system,build a limited third-instance final review system,improve the case-guidance system,standardize the judicial interpretation,respect the discretion of judges,and bring into play the role of the case-transfer system.Finally,we must reform the judicial committee system,reorient the functions of the trial committees,restructure the trial committees' management methods,systematically reduce the number of trial committees at the grassroots level,change the composition of the trial committees,and establish professional trial committees.