A Studv On The Division Mechanism Of Courts In China

In the judicial management procedure of the court,the distribution of cases is only a negligible link,which has not attracted attention in the academic and practical circles of our country.However,the distribution of cases,as a very important part of the trial,is the basis of the judge's judicial power and plays an important role in the effective allocation of the court's trial resources.In judicial practice,there are three representative modes of court case distribution mechanism in China:the first mode,the second mode and the mixed mode.Under the situation that the number of cases shows an overwhelming growth trend,the problems existing in the court division mechanism in China are increasingly prominent.This paper analyzes and summarizes the current situation and existing problems of the court division mechanism in China,and puts forward some suggestions on how to improve the division mechanism in China.The first part is to elaborate the current court case division mechanism.This paper introduces the theory and classification of the division mechanism of the court in China,analyzes and studies the division mechanism in the judicial practice of the court in China,expounds the ways and standards of the division of the court,makes a horizontal comparison of these division modes,and extends the better division mode vertically.We are still facing reform in the case division system.Good experience and practice should be retained and popularized.The second part is to analyze and study the macro problems of the current court division mechanism in China,and analyze the micro problems from three typical division modes,so as to give suggestions to improve the court division mechanism in China.In the third part,the author makes a comparative analysis and Research on the division mechanism of courts in foreign countries,analyzes the advantages and disadvantages of the division mechanism,and uses the better division mode for reference to improve the division mechanism of courts in China.The fourth part is to improve the court division mechanism in China.The following suggestions are put forward:1.Establish a division mechanism with random division as the main method and other division as the auxiliary;2.The main body of division is the administrated;3.Establish the principle of legal judge;4.Division must follow the general law of judicial activities;5.Division system should reflect justice and consider efficiency;6.Build a supporting operation system of division.