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Study On The Mechanism Of Case Handling In The Reform Of The Judicial System

Posted on:2020-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y C YeFull Text:PDF
GTID:2416330623953606Subject:Public administration
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With the improvement of the rule of law,the demands of the Party and the masses on justice are also increasing.Under the new situation,the advancement and complexity of the judicial system reform of grass-roots courts coexist,the contradiction between the number of cases and the number of cases is acute,and the judicial resources can not be effectively integrated.In September 2016,the Supreme People's Court,on the basis of seriously summing up local experience,formulated and issued "Some Opinions on Further Promoting the Simplicity of Cases and Optimizing the Allocation of Judicial Resources".This mechanism includes system design,personnel distribution,salary adjustment and resource integration.It mainly uses limited judicial resources to handle cases better and faster from the aspects of filing cases,type case regulation,application of small claims procedure,introduction of diversified dispute resolution mechanism,so that people can feel fairness and justice in every case,and also feel efficient.Convenient.However,there are still some problems in this system.From the perspective of grass-roots judges and from the perspective of grass-roots courts,this paper explores the complicated and simple case-handling mechanism after the reform of the judicial system under the new situation,analyses the current situation of the simple and complicated case-handlingmechanism of grass-roots courts,and points out that there are some problems in the operation of this mechanism,such as the difficulty of distinguishing cases,the lack of unification of standards,and the stability of the Challenges,the evaluation criteria of case quality have not been reformed synchronously,the matching system can only handle cases has not been perfected,the unification of efficiency and norms still needs to be improved,and a relatively unified training model for judges has not yet been formed.The causes of the problems are analyzed,including: the design of reform system still needs to be optimized,the professional beliefs of judges still need to be upgraded,the cooperation of relevant departments still needs to be coordinated,and there are still some problems.Institutional inertia still needs to be eliminated.By comparing the settings of courts abroad,mainly in Hong Kong and Japan,as well as the salary system,we can get the Enlightenment of the simple diversion mechanism implemented by the grass-roots courts in mainland China,and put forward some suggestions on the operation and debugging of the relevant system.On the premise of adhering to the principles of fairness and justice,taking into account efficiency,adhering to the combination of principle and flexibility,we should improve the system,work hard on top-level design,trial methods,filing cases and improving the professional level of case handlers,broaden the diversified ways to solve disputes externally,and promote the effective resolution of disputes.The salary mechanism should be strengthened to improve the enthusiasm of the employees;the publicity should be paid attention to and the legal consciousness of the people should be raised;the intelligent case handling mode should be explored;the ability of national governance should be actively promoted;the relevant problems should be analyzed from the angle of system design and system implementation,and the relevant countermeasures should be put forward.It is believed that the modern judicial concept should be established,the grass-roots judges should be improved,the complicated and streamlined mechanism of grass-roots The diversification and rationalization of the dispute resolution mechanism will promote the better integration of social governanceand the construction of the rule of law,in the hope of offering constructive suggestions for the improvement of the complicated and simple diversion mechanism.
Keywords/Search Tags:judicial reform, and simplified shunt, divisional standard, system design
PDF Full Text Request
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