On The Study Of Unified Management Of The Sub-provincial Local Court

After the founding of New China,the people's court's human and property management system has undergone several changes,starting from the Third Plenary Session of the Eleventh Central Committee and starting a new round of judicial reform at the Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China.The court reform in China has gone through more than thirty years,and the reform in the past thirty years has also made great achievements.However,the reform mainly involves the management methods and work within the courts.Different mechanisms,the new round of judicial system reform directly touches on a series of deep-seated issues of our judicial system,involving the redistribution of power relations,referring to the widely criticized judicial local protectionism and judicial administration in judicial practice."Unified management of human and property in local courts below provincial level" is one of the supporting measures to achieve the goal of "local protectionism to justice".This reform is a reform measure put forward by the central government on the basis of respecting the law of judicial operation and fully considering the actual situation of our country.It has certain rationality and feasibility.Focusing on the topic of provincial court management reform,this paper mainly discusses it from four aspects: The first part is a brief review of the historical changes in the court management system and the existing problems in the court management system after the founding of New China.Professor Zhu Suli said that the law is always a summary of history;historical research is to understand the current system choice and future system.On the basis of institutional change,only by reviewing the gradual evolution of the system can we better understand the choice of reform today and the direction of reform in the future.The second part,provincial management reform,has been practiced for nearly four years from putting forward the pilot scheme to comprehensively promoting it throughout the country.However,since the Third Plenary Session of the Eighteenth Central Committee,what has been the practice situation and the specific measures in different places? By sorting out the open data of provincial management reform in some provinces,this paper examines the developmentpaths and local differences in the process of reform,thus putting forward some possible ideas for further promoting the smooth development of reform practice.In addition,in the process of Provincial Personnel management,a series of supporting measures will be involved,such as the classification management of judicial personnel,the reform of post system,the professional security of judges,etc.But this paper focuses on the appointment,removal and management of judges and the establishment of judges' selection committees.In the process of Provincial Personnel management,although "finance" and "property" are closely related,it is still necessary.This paper will focus on provincial management of fundsThe third part,from the central government's "judicial power essentially belongs to the power in the middle" as the theoretical basis of this reform,to the specific reform practice of each province,to analyze the theoretical positioning and potential omissions and risks in the reform practice.The fourth part explores the basic ideas to further promote the unified management of human and property management in local courts below the provincial level.It mainly establishes the theory of judicial independence centered on the independence of judges as the theoretical guidance of the reform,and changes the current practice of decentralization control mode of human and property,and builds a unified judicial management platform at the provincial level.On this basis,it puts forward some concrete proposals.Suggestions for improvement.