An Empirical Study On Internal Institutions' Changes In Grass-roots Courts(1979-2018)

The internal Institutions of the court are the basic carriers for the concrete implementation and protection of the judicial power of the court,reflecting the basic structure and overall layout of the trial function within the court.In the past four decades of reform and opening up,with the constant economic and social reforms,science and technology and the social revolution have brought about a great deal of complexity.This has led to continuous interweaving of judicial judicial affairs and judicial administrative affairs in order to face increasingly complex judicial challenges.The organization has undergone tremendous changes.The study attempts to use the sample court as an example to uncover the past and present life,the present and the future of the internal Institutionsof grass-roots courts.It mainly adopts empirical research and historical research methods.It is divided into five parts and discusses the changes of the internal Institutions of grass-roots courts:The first part is the introduction.This section clarifies the background of the article research,literature review,research methods and materials,and research framework.The second part describes the description of institutional changes in basic courts.This section sorts out the transitional process of the trial business organizations,trial management agencies,and judicial administrative agencies of the grass-roots courts in the sample areas from 1979 to 2018,and further refines the characteristics of changes in each type of internal organization.It has been found that in the past 40 years of reform and opening up,the changes in the institutions set up by the grass-roots courts have been reflected in the following: The first step is the increase in the number of trial institutions and the types of trial institutions that have been brought up due to the increase in trial business.The second step is to increase trial management agencies and judicial administrative agencies by strengthening the management of case business.Thesuccessive growth of the trial business organization and the judicial administrative management organization have jointly established the changes in the judicial functions of the grass-roots courts.The third part explains the change of institutions in the grassroots courts.This section explains from four dimensions that the reason for the growth of the internal Institutionsof grass-roots courts is that the increase in the number of cases and the strengthening of the dispute resolution function have made the expansion of judicial institutions and the promotion of the judicial personnel's administrative methods make internal institutions an important way to resolve the promotion of judges.The bureaucratic court management system and grass-roots courts embed a local party political system.The fourth part analyzes the institutional changes of the internal organs of grass-roots courts.This section separately analyzes the rationality and diversity of divisional governance of trial organizations,and the objective deficiencies of unequal divisions,as well as the effectiveness of trial management institutions,and the ineffectiveness of decentralized management and ineffective services.The number of judicial administrative agencies is bloated.And the functions are mixed.The fifth part is about the prospects for the reform of the internal institutions of grass-roots courts.This section analyzes the problems of the internal organization as a whole,which include an increase in the number of in-house institutions,an expansion of functions,a breakdown in the division of functions and cross-cutting,and an unordered state in which the trial functions are squeezed.Under the macro influence of the current judicial responsibility system,the legal officer system,and the unified management of the Ministry of Finance and the People's Republic of China on the judicial reform of the courts,it proposes the establishment of a reform plan for internal institutions centering on trial work,in which the trial organization agencies should establish trials according to local conditions.Organizations,non-trial organizations should build a flat pattern oriented toward service trials.