The Court Budget Safeguard Research Under The Judicial Reform

Shanghai is one of the first "judicial reform" pilot cities.It explores"specified number of personnel systet","lifelong responsibility system","unified management of people and property",etc a number of new systems from the classified management of the personnel,judicial power operation,judicial official,financial management and other aspects.By reviewing the content of the relevant court funds safeguard in"Shanghai Plan",this paper analyzes and compares the three main extraterritorial judicial budget guarantee mode and adopts the judicial autonomy type management mode,which is conducive to the independence of courts while easily causes the court closed and forms internal bureaucratic rule,as well as has high professional requirements;Adopting the administrative leading management pattern is at the risk of administration intervening judicature;Adopting jointly management pattern of court and administrative organs has high demand for power balance.By comparison,make clear the problems existing in the court budget guarantee’Judicial budget and financial burden is not matching,budget and performance development isn’t unified,supporting measures of judicial reform are not unified.The laws and regulations need to be improved,institutional obstacles eliminated,specialized management institutions set up,budget classification management adopted,supervision strengthened.