The Influence Of Case Quality Evaluation System On The Operation Of Judicial Power

The report of the 20 th National Congress of the Communist Party of China emphasizes the need to "deepen the comprehensive reform of the judicial system,comprehensively and accurately implement the judicial responsibility system,accelerate the construction of a fair,efficient,and authoritative socialist judicial system,and strive to make the people feel fairness and justice in every judicial caseThe national courts have implemented a series of reforms such as the judge post system,improved the classification management system for judicial personnel,and promoted the litigation system centered on trial,effectively implementing judicial responsibilities accurately,and significantly improving judicial quality,efficiency,and credibility.Although the Supreme People’s Court has established standards for case quality evaluation,the standards do not cover the entire process of case trial,and corresponding evaluation supporting mechanisms and legal protection measures are still lacking.Therefore,the case quality evaluation system needs to be improved.Exploring whether the construction of a case quality evaluation system is legitimate and feasible is the primary issue.Legitimacy is reflected in the fact that the case quality evaluation system is not only an objective requirement for the modernization of judicial trial governance and the exercise of trial functions by courts,but also an inevitable trend for the expansion of rule of law evaluation and the further improvement of evaluation standards.At the same time,this system can also promote the court to further fulfill its trial obligations,increase judicial credibility,and regulate judicial behavior.The feasibility is mainly reflected in the construction of the evaluation system,which has legal basis such as constitution,policies and laws,and also has a three-year practical foundation.The court has provided practical guarantees in terms of evaluation standards,data statistics support,and other aspects.After examining the current situation of the case quality evaluation system,it was found that the case quality evaluation has gone through four stages: preliminary exploration,case evaluation,systematic construction,and reflection and rectification.However,during the process of system construction,there is a dilemma of a gap between the actual function and the expected function.This dilemma is due to the overly comprehensive requirements for the implementation of the case evaluation quality function,and on the other hand,there is a gap between the indicator setting and the evaluation object,It is also because the case quality evaluation system deviates from judicial practice.A biased case quality evaluation system will invisibly have a negative impact on the subject,standardization,specialization,and authority of judicial power operation.Therefore,we need to change our mindset,give full play to the guiding role of the case quality evaluation system,adjust indicators,strengthen respect for the operational rules of judicial power,reasonably connect,reconstruct the application system of case quality evaluation results,enrich the main body,and introduce social forces to participate in case quality evaluation.