The Study Of Adjudication Supervision Management Mechanism

The judicial supervision and management mechanism is an important part of the revolution of the judicial responsibility system.Since the promotion of judicial responsibility system,the chief of court applies the authority of supervision and administration and the scope of supervision and administration have changed.Take”institution of case approval” for example,Opinions of the Supreme People's Court on Implementing the Judicial Responsibility System and Improving the Judicial Supervision and Management Mechanism(Trial Implementation)stipulates that except for the cases discussed and decided by the judicial committee,the chief of the court shall no longer examine and issue the judgment documents which he did not directly participate in the trial,nor shall he examine and approve the cases in the form of oral instructions,attendance at the collegiate discussion and delivery of the documents".However,in judicial practice,there are some problems such as incomplete decentralization,insufficient supervision and poor administration in the exercise of the power of trial supervision and management by the chief of the court.On this basis,the author tries to put forward the legal basis for the existence of China's judicial supervision and management mechanism through the analysis and structure of legal theory.The key to solve the problems of the judicial supervision and administration mechanism lies in standardizing the specific work content of the chief of the court,improving the functions of the judicial supervision and management office and building a complete information office processing system.If necessary,try to abolish courtrooms and set up specialized trial teams.This paper aims to study how to improve the judicial supervision and management mechanism in China.In the first chapter,it discusses the judicial supervision and management mechanism in China from the basic theory and the responsibility division of judicial supervision and management mechanism.The difference with the trial supervision procedure(retrial procedure)is discussed as well.In the second chapter,the author will analyze the background of judicial responsibilitysystem and the problems existing in judicial practice to discuss the necessity of perfecting the judicial supervision and management mechanism in China.The third chapter is an overview of the overseas judicial supervision and management mechanism.In the western developed countries,for supervision and management,people pay more attention to coordination and service rather than to interfere in the independent operation of judicial power.Through the analysis of the oversea judge system and the division of duties between the oversea judicial supervision and administration mechanism,the author finds out the methods suitable for China's trial supervision and management mechanism.In the fourth chapter,the author combined with the above analysis and research,try to discuss the specific measures to solve the above problems.Through explaining from five sides as following :the chief of court judicial supervision and administration,supervision and administration of judicial supervision and administration office,perfecting informatization office system and strictly implement the whole flow of judicial responsibility system and perfect the judicial integrity,risk prevention and control system in detail,the author try to find the method to solve the problem of judicial supervision and management mechanism in our country,in order to further promote the development of the reform of the judicial system.