Research On The Establishment Of Institutions In China’s Courts And Its Reform

Since October 4,2014,the Fourth Plenary Session of the 18 th CPC Central Committee has made a comprehensive strategy to promote the rule of the country in accordance with the law,China’s judicial reform has ushered in a historic opportunity,external delocalization,internal de-administration,Become the focus of this reform.However,in stark contrast to the indecent reforms of the localization of the courts,the current internal administrative reforms in our courts are still lacking,and they remain at a small pilot stage.In other words,under the influence of the concept of "all-round tricks",the establishment of the institutions within the courts of our country and the internal judicial management of the courts have not been able to get rid of the crux of "administrative" or "administrative" management after undergoing many reforms..Although the operation of the “administrative” setting mode of the existing courts has its “reasonable” and efficient side,it is incompatible with the position of the court as an “independent” judicial institution,and even more directly leads to the judicial power of the court(judge).The administrative exercise.Therefore,it is necessary to explore how to break the administrative tendency of the judicial power of the court,how to put the judicial trial work at the core of the court work,how to integrate and reconstruct the existing internal institutions,and then construct a set of court organization structure that conforms to the law of trial.It makes sense to make judicial trials independent and fair,and to make judicial administration efficient and dynamic.This article is based on this topic,through summarizing the evolution law of the institutional reforms set up in the courts of our country,summarizing and analyzing the main problems in the establishment of the internal institutions of the courts in China,such as serious administrativeization,vague functional definition,and insufficient trial effectiveness.The reason is to take the reform results of the institutional reform pilot in the court as an example,combined with the setting mode of the institutions established in foreign courts,etc.to carry out case analysis and legal theory,and extract the reform idea under the ternary mode of court power division,thinking that the court of our country will The new round of internal institutional reforms provides a reference direction.