On The Rationality Of Uniform Judicial Fiscal Power

Judicial financial power is an important part of judicial power.Judicial financial power has a great influence on the establishment of judicial power,the salary of judges and the distribution of judicial resources.The unified exercise of judicial financial power is conducive to the balanced distribution of judicial personnel,the uniform distribution of judicial resources,and then promote judicial unity.Uniform judicial financial power is a modern consensus.In the late Qing Dynasty,when setting up local judiciary,local financial burden judicial funds,shortcomings have emerged.The Qing court wanted to solve the problem.However,before the completion of the unified national budgetary accounts,the Qing Dynasty collapsed.During the period of the Republic of China,the provincial government financed judicial expenses.The provinces did not attach importance to judicial affairs.When the provincial finance is not enough,the judicial funds would be in arrears and the judicial revenue had to be retained.The material life of judges has been greatly affected,judicial personnel flow to economically developed areas,and even to the executive or lawyers.In response to these questions,from the first year of the Republic of China,academics,judicial groups and politicians are constantly appealing to the central government to unify the judicial financial power.All previous National Judicial Conferences had also proposed that the treasury should bear the judicial funds.History progressed in criticism,the Nanjing National Government finally completed the unification of judicial finance in 1941.In the first ten years after the founding of People's Republic of China,the Ministry of Justice and the Judicial Department(Bureau)of all provinces were established,and the Judicial Department unifiedly administered judicial financial affairs.This was in line with the consensus of modern judicial finance.From 1959 to 1979,the Ministry of Justice was repealed and the administration power of justice was entrusted to the courts.In 1979,the Ministry of Justice was restablished,but no longer has judicial administrative powers such as judicial financial power.Judicial financial work is administered by the courts.The judicial funds are burdened by the financial burden at all levels.It runs counter to the system of unification of judicial finance in the early of the founding of People's Republic of China,it runs counter to the modern consensus of unified judicial financial power.