Research On The Operation Mechanism Of Judicial Power

In order to promote the rule of law and speed up the construction of ruling by law,the party's 18 session plenary depicts the Grand blueprint for deepening the reform of judicial system comprehensively.At present,China is facing a profound social transformation,and the judicial system reform has entered a critical period of difficult.In the face of great work pressure,the people's Court encountered a serious crisis of credibility,which has a great relationship with the predicament of the judicial operation mechanism which is inconsistent with the power of jurisdiction and causes the jurisdiction to be exercised independently and impartially.Therefore,the new round of judicial reform puts the question of jurisdiction operation into the center of reform,and how to construct the judicial operation mechanism of the People's Court is an important realistic problem urgently to be solved in the process of judicature reform.The research angle of this paper is through studying the theoretical basis of the operation mechanism of jurisdiction,combining with the background of current judicial system reform,to look into the main problems existing in the running mechanism of adjudication power in our country,and to analyze the causes of the problems,and then try to provide constructive suggestions for the reform of judicial operation mechanism.In particular,the first part first explains the theoretical basis of the operation mechanism of judicial jurisdiction in China,through the deconstruction of the concept and properties of the jurisdiction and its operating mechanism,analyzes the meaning and characteristics of the operation mechanism of the jurisdiction,and passes the theoretical basis of the judicial operation into the whole,centering on the dilemma,problems and reform ideas.The second part expounds the predicament of the current judicial system in our country,mainly shows the "administration" of the jurisdiction operation,and analyzes the various forms of the administration and its drawbacks,and the influence of these dilemmas on the operation mechanism of the jurisdiction.The third part of the specific analysis of the operation of the judicial power in the course of the various non-compliance with the law of the problem,manifested in the lack of experience,independence,professionalism is not strong,the responsibility is unclear,the responsibilities of the inconsistency,and analysis of these problems in the process of judicial operation derived from various system abuses.The Forth part focuses on the reform conception of the operation mechanism of judicial jurisdiction in China,and further clarifies the objectives and tasks of the reform in the light of the macro background of our country's new legal system reform.Starting from the key strategy of reform,this paper discusses the reform approach about the operation mechanism of judicial right based on the theoretical basis of the rational operation of the judicial authority.The paper puts forward the concrete measures of reform,including the reconstruction and operation of the trial organization,the establishment and control of the trial process,the reform direction of the Trial committee system,the strengthening of the judicial accountability and other key reform contents.To sum up,the original intention of the author is to study the current operation mechanism of the main problems,from a practical point of view to build a new mechanism of judicial operation in accordance with the law,with a view to the follow-up reform has benefited.