Research On The Main Body Of Judicial Power And Its Operation Mechanism Of The Grassroots Courts

The outline of the first five-year reform of the people's court promulgated by the Supreme People's Court opened the modernization process of the reform of the judicial system in China.As the core element of judicial system operation,the reform of judicial subject plays a vital role in the smooth progress and final effect of the whole judicial system reform.The subject of trial is the basic constituent element of civil litigation,an extremely important part in the operation mechanism of judicial power,and an important guarantee to ensure the good operation of judicial power.Without the definition of scientific and reasonable trial subject,there is no effective operation of fair and efficient trial right.Since the promulgation of the 15 th Five-Year Plan,the definition of the subject and its functions and powers of the scope has changed.But over the past 20 years,the reform program has always insisted on maintaining the judicial status of the three major organizations,namely,the single court,the collegial panel and the jury.In addition,with the deepening of the reform,the scope of the subject of judicial power is also expanding,such as the further improvement of the system of judges' assistants,people's jurors and professional judges' meetings,which enriches the scope of the subject of trial.As an important carrier of judicial power operation mechanism,the subject of trial is of great significance to guarantee judicial justice and improve judicial efficiency.Therefore,based on China's national conditions,this paper focuses on the actual operation of grass-roots courts in the trial of the subject of judicial power to do the main research and Argumentation,in order to find out the problems in the operation of the trial subject in our country and explore the direction of the new round of judicial reform to the trial subject reform,so as to put forward some targeted suggestions and opinions for the academic community to discuss.This paper starts with the types of the main body of judicial power in the basic courts.Specifically,this part is to analyze the existing independent system of the court,the collegial panel,the trial committee,the professional judges' meeting and the joint meeting of the presiding judges,the individual judges,people's assessors and other trial individuals.In addition,the judicial reform after 1999 has a profound impact on the improvement of the operation mechanism of trial power in China.Among them,the reform of the subject of trial is the core of judicial reform,which can not be ignored.It is of great significance to analyze the reform course of each trial subject to correctly understand the trial subject and reasonably define the jurisdiction of the trial subject.Secondly,after having a basic understanding of the types of trial subjects and the course of reform,it is necessary to make a reasonable assessment of their present situation,mainly from the terms of reference of each trial subject,selection and appointment,professional security,responsibility bearing and so on,which is helpful for us to correctly understand the current situation of the trial subject and its operating mechanism,and lay the foundation for the discussion of its predicament in the next chapter.Moreover,although the subject of the trial has undergone four judicial reforms,constantly adjusted and perfected to adapt to China's judicial situation,but due to the complex judicial situation,judicial administration and other problems,resulting in the reform of the subject of the trial has become difficult.The old problems have not yet been solved,and the new problems have come out layer by layer,such as the unclear position of the trial subject and its authority,the poor coordinated operation between the trial subjects,the unclear responsibility of the trial subjects,and the inadequate supervision of the trial subjects,which hinders the smooth operation of the judicial power mechanism and is not conducive to the smooth progress of judicial reform.Therefore,based on the current process of socialist rule of law development,in-depth exploration is of great significance to analyze the predicament of the trial subject in its current operation for the new round of judicial reform and the perfection of the judicial power operation mechanism.Finally,after analyzing the subject type and reform course of the subject of trial power,this paper probes into its present situation and current predicament and makes a thorough analysis,combining with the current judicial situation of our country,we should perfect the subject of trial power from the following aspects.First,it is necessary to make clear the position of the authority of each trial subject,clarify the power scope of each trial subject,and ensure that the trial subject exercises the judicial power within the scope limited by law.Second,it is necessary to make clear the responsibility of each trial subject,concretize the responsibility to be undertaken,and truly realize "having the right must have the responsibility ".Third,it is necessary to improve the coordination mechanism between the trial subjects and ensure the good operation between the trial subjects and the trial organizations.