Research On The Responsibilities And Functions Of The Administrative Organization Of Justice In The 40 Years Of Reform And Opening-up

The administration of the government in the judicial field is an important function of the modern state.It is generally called judicial administration and is headed by the Ministry of Justice,Thejudicial administrative system is the general term for the nature,tasks,organizational system,activity principles and working procedures of the judicial administrative organs.It is an important administrative system to assist the effective exercise of the state's judicial power,and at the same time it is important to regulate the state's judicial behavior.The status and function of the administrative organization of justice in the entire administrative system can reflect to some extent the degree of legalization of the government and the entire country and the characteristics of practicing the rule of law.The core issue of this paper is the change of responsibilities and functions of the administrative organization of justice during the 40 years of reform and opening up.From the perspective of the organization as a whole,the Judicial Administrative Statistical Yearbooks and relevant official documents are taken as the main research materials,and a historical analysis of the development of the administrative organization of justice is carried out.On this basis,summarize the actual function and its trajectory of the.judicial administrative organs in the process of national rule of law construction and development.And it proposes suggestions for further improvement of the actual functions of the current judicial administrative organs.Finally,combined with the history and characteristics of the responsibilities and functional changes of the judicial administrative organs,the paper summarizes the overall characteristics of the development of the rule of law in China.First of all,since the restoration of the administrative organization of justice in China in 1979,after several adjustments to the reform of state institutions,the entire organization and the specific responsibilities assumed have undergone profound changes,which means that the entire institution is in the process of national governance and the rule of law.The functions played by China have undergone a series of changes.The analysis and attention to changes in responsibilities are often not taken into account in existing research,leading to a lack of depth in the analysis of the actual functions of the administrative organization of justice.Therefore,this paper first describes and presents the changes in the responsibilities of the administrative organization of justice from a holistic perspective.After that,it is necessary to accurately understand and grasp the actual functions of the administrative organization of justice in China,and it is necessary to clarify the macroscopic mechanism behind the development and changes of the institutions and responsibilities of the administrative organization of justice.On the one hand,the macro-economic construction and reform process of the economy and politics have always been the fundamental and leading factors for the development of the administrative organization of justice.On the other hand,the leadership of the Communist Party of China in political and legal work and the adjustment of the relationship and responsibilities between the judicial and administrative agencies have also had a direct and significant impact on its development and change.Through the analysis of these mechanistic factors,we can form a regular and holistic understanding of the seemingly complicated development process of the entire organization and responsibilities.Secondly,on the basis of the first two parts,this paper summarizes the core functions of the administrative organization of justice in China.The remarkable functions of the administrative organization of justice in the practice of state construction and governance are summarized as the implementation and control functions played in state governance,the guarantee functions played in the judicial operation,the service and regulation functions in social activities,and the construction function of the rule of law.At the same time,some regular understandings can be found in the combing and presentation of the four core functions in the process of change since the reform and opening up.The changes and adjustments of the core functions of the administrative organization of justice are firstly carried out in accordance with the state's deployment arrangements.At the same time,in practice,such changes reflect significant graduality,but they also have obvious imbalance characteristics.Afterwards.the article puts forward some suggestions for strengthening and improving the function ofthejudicial administrative organs in practice in these situations,including improving the allocation of functions and powers of the administrative organization of justice,implementing the effective allocation of judicial resources,and actively guiding and mobilizing the participation of social subjects.Finally,the article takes the trajectory and characteristics of the functional changes of the administrative organization of justice in the past 40 years of reform and opening up as a clue to further summarize the distinctive features of the construction of rule of law in China.China's construction of rule of law has distinct constructiveness,the driving force of the rule of law construction has multiple and the rule of law construction as a whole shows an obvious stage.