The Practice And Perfection Of China's,Judicial Reform In Primary Courts

With the current judicial system and judge system,primary courts are facing great difficulties(e.g.the disparity between an ever-increasing number of cases and insufficiency of case handling personnel,the failure to address the judicial needs,the constraint on the exercise of adjudicative power caused by administrative management).These external problems have badly influenced the reputation of judges and weakened the credibility of the judiciary system.In the meantime,there exist many contradictions between the low requirement for people to be judges and high demand for judges to handle cases,the administrative tendency of internal organs of courts and democratic principles in trials,the management system for public servants and the dominant position ofjudges in case handling,the assurance of judges'job security and judge punishment system and also the improper distribution of judicial resources among courts.The people's court in the X District,City of Y,Z Province,where the author lives,is one of the judicial reform pilots.The highlights of the pilot programs include optimizing the allocation of judicial resources,improving the operating mechanism of adjudicative power and clarifying the main position ofjudges in trials.The measures include separating complicated cases from simple ones,reforming the rules of signing and issuing legal documents,establishing the mechanism of judge meetings,improving the supervision and management mechanism in trials,improving the selection procedure of judges,implementing the judge-assistant system and so on.The practice of this innovative reform has achieved a lot and accumulated experience for further work.However,the incomplete reform has led to the fact that the problems such as the persistence of administrative management,the lack of supervision on independent adjudication system and the like still remain.To tackle these problems,some require top-down design,some demand full support from the party and government organizations while normalization in legislation and enforcement is also needed.For example,how to ensure the high efficiency and probity within the judge quota system?What is the standard of judges career security system?Whether a scientific long-term planning is needed or not in training judges?This paper is going to provide some suggestions with regard to deepening the judicial reform based on the author' s insights gained by the participation in the reform.