A Study On The Dilemma And The Way Out Of Trial Supervision In Grassroots Courts

Court trial supervision,especially at the grassroots level,is an important part of China’s efforts to promote the modernization of the national governance system and governance capacity on the track of the rule of law,and how to improve the trial supervision system of the grassroots courts is a key step in safeguarding judicial justice,promoting fairness and justice,and effectively safeguarding the interests of the people.In China,there are diverse subjects of trial supervision in the courts.Vertically,trial supervision mainly includes supervision of lower courts by higher courts and supervision of courts by procuratorates.From a horizontal perspective,the function of trial supervision is mainly undertaken by the president of the court chamber as well as the trial committee.This article,on the other hand,examines the operation of the trial supervision mechanism within the grassroots courts from a horizontal perspective.Reforming the referee system to reduce,the grassroots courts have achieved a series of successes in trial supervision,such as the"de-administration" and "digitalisation" of trial supervision,increased openness and transparency,and improved efficiency.However,at the same time,there are also problems such as unbalanced trial supervision functions of court chairmen,passive performance of their duties,disregard for substantive supervision of cases,weakened trial supervision functions of the trial committee,and weak supervision effects.How to improve the trial supervision mechanism of the grassroots courts is still an urgent problem to be solved.The research on the trial supervision mechanism of the basic courts is divided into the following five parts:the first part is a discussion of the concepts and basic theories about trial supervision.The first part discusses the concepts of trial power,trial management and trial supervision,followed by a discussion of the theoretical basis of trial supervision,i.e.the theory of power restraint,and clarifies the guiding value and reference role of the theory of power restraint in the trial supervision mechanism;the second part is the historical evolution of the trial supervision system within the court,one is the "administrativeization" of trial supervision by the president of the court to the "de-administration" of trial supervision.The second part analyzes the historical evolution of the internal trial supervision system of the courts,From "adminstrative" to "de-administrative" Judicial review by court presidents,and the historical evolution of the trial committee from the main trial to the main supervision;The third part analyses Website State of play on the monitoring of trials mechanism of the basic courts.Secondly,in the case of court chairmen,although the practice of trial supervision by court chairmen has been"de-administrative" and "digital",and the efficiency of trial supervision has been improved,there are also problems such as unbalanced trial supervision functions and passive trial supervision.The fourth part elaborates on the causes of the problems identified in the third part of the analysis.The main reasons for the dilemma of trial supervision in the grassroots courts in China are the following:firstly,the unreasonable composition of the composition of the trial committee,secondly,the incomplete implementation of the PR policy of the trial committee,thirdly,the unclear positioning of the functions of the court president,fourthly,the deficiencies of the court performance appraisal system,and fifthly,the lack of standardisation of the court president’s supervision of the substance of cases.Part V provides concrete paths for optimising trial supervision in the grassroots courts from the aspects of the composition of the trial committee,policies on the implementation of resolutions,the positioning of the functions of the court president,incentive mechanisms and normative construction,in response to the above problems.