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Study On Index Assessment System Of Law Court

Posted on:2021-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:J Y GuoFull Text:PDF
GTID:2416330623478161Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The index system is widely used in the internal management of the court system.In fact,the index system is expressed as "index","index system" and "evaluation of trial quality".Such governance tools are not created out of thin air;they have roots.And how to observe,we need to construct a series of reference objects,in order to figure out its state.But when the people's court is executing the public policy,when the court use the index to assume the political responsibility,some characteristics of the index examination system appear from the outside.Through the analysis of the historical dimension of the anti-revolutionary movement,the 1983 crackdown and the special rectification activities against gang,we can find out how the tool "index" developed into the form it is today.The index gradually changed from "index" to "index examination system".The reason for this shift is that as state power implements its will,it absorbs more and more elements of the rule of law.The crackdown movement was a movement of dispersing penalty,while the crackdown in 1983 was a movement of dispersing penalty.It is also a special campaign against gangland forces.The state power has always adhered to the value of rule of law,eliminating the thought of "movement".There are internal reasons why people's courts tend to use the index system when implementing public policies derived from state power.First of all,the court itself has some feedback on the institutional environment.As an important link in the logic of national governance,the index examination system is widely used in party organs and administrative organs,and the internal management of people's courts is also imitating this system.Third,the Supreme Court's position on the team of judges is: always a good team of judges.The people's court uses the index examination system to shape the thinking of "a game of chess".Finally,this also is actually the inertia that judicature manages to cause.When responding to public policies derived from the state power,people's courts are very inclined to quantify them into the index examination system.The people's court has a unique participation strategy in the implementation of public policy.First of all,through meetings and documents to transform the normal indicators,become anti–gang indicators.Second,different public policies will be linked.Use one indicator to do two things.Third,the index examination system itself will form a ranking,the ranking of the lower court for supervision,the ranking of the lower court for appointment.Finally,the index system itself creates typical cases to rank the trial itself.The system itself is also worth rethinking.First of all,the "results-oriented" index evaluation system itself does not adapt to the judicial logic.Secondly,the index evaluation system lacks the evaluation of the effect and only stays in the pursuit of the result.Third,at present,there is a general contradiction in the index examination system designed by the people's court: "strengthening bureaucracy" and "eliminating bureaucracy" coexist in the same index.Finally,the quota system is missing: judges and courts exist to provide remedies for others,but their remedies are missing or vague.For a long time to come,the system with such deep historical roots will continue to play an important role in the judicial field.First,it is urgent to clarify the conflict between "strengthening bureaucracy" and "removing bureaucracy".Secondly,the intervention of artificial intelligence and big data may inject new life into the index examination system.Finally,the index verification system can learn from the experience outside the region,and its adjustment object should focus on procedural indicators.
Keywords/Search Tags:Index evaluation system, Public policy, Judicial logic, Results-oriented, The institutional environment
PDF Full Text Request
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