Research On The Regulation Of Administrative Power Of Court Administrative Affairs Under The Unified Management Of Provincial Level

In the new round of judicial reform,the reform of the court system is carried out by the courts at all levels,under the unified arrangement of the Chinese Communist Party.The main measures are "de-localization" and "de-administration".However,in the process of implementation,the court administrative affairs management power problems highlight,because because there are no clear legal requirements and it is subject to be questioned.Therefore,it is necessary to clarify and regulate the administrative power of the courts under provincial control so as to avoid its alienation,which will affect the relationship of trial-level supervision between the courts of higher and lower levels established in the Constitution,and aggravate the administration of the courts.The main problems of the administrative affairs management power of the courts under the provincial control are as follows: Firstly,in the provincial control of the administrative affairs,the higher courts play an important role in transmitting and managing,the administrative leadership of the higher courts in the management of the lower courts is strengthening,reflecting the current division of interests between the higher courts and the lower courts.Secondly,after the provincial administration of human and property,there is no connection between the work of the higher courts,grass-roots courts,Party committees and the government,and the courts ignore its "locality" while "de-localization".Thirdly,after the centralization and expansion of the administrative affairs management power within the same court,it restricts the independence of its own judicial power,and various problems caused by administration and trial deserve attention.In addition to the introduction and conclusion,this paper mainly has four chapters: the first chapter mainly untangles the current reform measures and problems;the second chapter analyzes the main causes of the current problems from the reality theory,traditional judicial conceptions,and the ownership of the court administrative affairs management power since the founding of the People's Republic of China;the third chapter mainly states some enlightenment from the current situation,and importance of correctly handling the relationship between the court and the Party committee and the government,centralization and decentralization.Besides,analyzing the management mode of foreign courts for refrence;On the basis of the previous analysis,the fifth chapter brings forward tentative plan of the operation of court administrative affairs management power,setting up different institutions inside and outside to restructure and distribute authority.Also,raising ideas of supporting reform measures for the above plans.