Research On System Construction About De-administration Of Judicature

Judicature is the last line of defence to realize social fairness and justice.The de-administration of judicature is significant to promote the construction of China under the rule of law,guarantee judicial justice and maintain social stability.This article,taking the judicial administration as the research object,starts with the practice characterization of judicial administration and discusses the theoretical foundation of the construction and perfection of the de-administration of judicature.Relying on the the thoretical basis and the background of the current judicial system reform,taking the external administration and internal administration of the judiciary as the research approach,this article also puts forward the system construction of the de-administration of judicature and the path of improvement.The factors that affect the independent exercise of judicial power are embodied not only in the external judicial system,but also in the internal judicial system.Based on this,The administration of justice manifests itself as external administration and internal administration.The external administration is caused by the external factors of the judicial system,including the administration of the establishment of the judicial organs,the administration of the management of the human and property management of the judicial organs and the administration of the judicial authority.The internal administration is caused by the internal factors of the judicial system,which is embodied in the administration of the judicial goal,the administration of the internal administration of the judicial organs,the administration of the internal trial mode of the judicial organs and the administration of the relationship between the upper and lower courts.This paper argues that the de-administration of judicature should be guided by a certain theoretical basis.According to the different factors that affect the independent exercise of judicial power in the judicial system,the theoretical basis of de-administration of judicature is divided into the theoretical basis of the external de-administration of judicature and the theoretical basis of the internal de-administration of judicature.The former includes the theory of the separation of judicial power and administrative power,the theory of authority and the theory of new public service;the latter includes the theory of the separation of judicial administrative power and the judicial power,and the theory of the bureaucracy of the judicial organization.By analyzing the theoretical basis,we will lay a theoretical foundation for the system construction and improvement of the de-administration of judicature.Relying on a certain theoretical basis and being combined with the existing policies of judicial system reform,The construction and improvement of the concrete system of judicial de administration is a systematic project,manifests in many angles.To the external de-administration of the judicature,by improving the party's leadership of the judicial organs,improving the unifiedmanagement system of the people and property under the provincial judicial organs and improving the system of the circuit court,it is beneficial to the realization of the external independence of the judicial system and to ensure the independence of the judicial organs as a whole.To the internal de-administration of the judicature,it needs perfecting the system of judicial personnel's classification management and the system of judicial posts,constructing and perfecting the system of selection,promotion and occupational security system of the judicial personnel,and perfecting the judicial responsibility system.At the same time,the abolition of several systems that affect the independent exercise of judicial power within the judiciary is conducive to ensure the independent exercise of the judicial personnel according to law,so as to solve the problem of de-administration of the judicature fundamentally.