Reading makes a full man,

conference a ready man,

writing an exact man.

·王稚登 《立冬》: 秋风吹尽旧庭柯, 黄叶丹枫客里过。 一点禅灯半轮月, 今宵寒较昨宵多。


发表时间:2021/1/22 20:34:01  浏览次数:582  
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After the proposal of judicial system reform司法体制改革 at the 16th CPC National Congress党的十六大, China judicial reform is faced with the issue of its further development and expansion. A general survey of the initiation and development of China judicial reform shows that the reform stems from a number of functional drawbacks of our existing judicial system, the uppermost of which is the lack of judicial independence. From the deficiency flow a series of problems, such as judiciary localization, interference of administration into judicature, non-specialization of judiciary staff司法人员, non-neutralism and passiveness of judicature, inadequacy in the publicity公开, fairness公正 and reliability of justice公信, and even the occurrence and spread of judiciary corruption司法腐败. All these problems result in the loss of the defining properties of justice, such as fairness公正, independence独立, neutralism中立, passiveness, publicity, specialty and authority, the deviation of jurisdictional operation from the inherent requirements of justice, the low efficiency of justice and unfair judgment, and criticism and distrust against from society. To ensure that jurisdictional exertion accord with the intrinsic needs of justice, it is a must to break through the bondage of the present system and regulations, reform unreasonable regulation frame and system plan, re-configure jurisdiction according to the regularity of jurisdictional operation. Such is the internal cause of judicial reform in China. Meanwhile, the development of socialist market economy社会主义市场经济 and the establishment of the principle of ruling the country by law 依法治国 call for a modern judicial system abreast of the time, which is the external reason at work. The judicial reform sets as its objective the establishment of an independent judicial system for the actualization of fairness and efficiency 效率of justice. 
To this end, courts 法院nationwide have been making constant innovative attempts since the 1980s, from the reform of judgment mode 审判 in the first phase (mid-1980s---the 15th CPC National Congress) to restructuring of internal system of court in the second phase (the 15th---16th CPC National Congress) and to the judicial system reform since the 16th CPC National Congress. The reformatory scale is becoming larger and larger. Furthermore, noticeable results can be seen in court procedure, the internal structure of court and the cape judges wear and the way the gavel is used. Progress is also embodied in the formation of such modern judicial concepts as justice of procedure, verity of law 法律 and efficiency awareness. Beyond doubt, the reform has exercised tremendous influence on people’s courts. 
Nevertheless, problems during the reform, objectively speaking, shall not be ignored. China judicial reform is an exploration by local courts when the theory of judicial system is still deficient. It is a bottom-up and sporadic reform where the scope and plan are self-determined. As a result, there are inevitably some problems in the way of the progress of the reform. Generally, the reform is carried out within the present frame due to its being localized, random and utility-oriented. While the bottleneck 瓶颈lies in the judicial system, that is, the existing system has to be innovated to free jurisdiction of other national powers 国家权力. The goal of the judicial reform would not come true if there should not be a new judicial system based on judicial independence.
In view of the situation of our country, the reformatory emphases for the next step shall be:
1. found an authoritative leading institution 领导机构 in charge of the overall layout, organization and coordination to avoid limitation, fickleness and utility,
2. strengthen the basic research of judicial reform and enhance its role of theoretical guidance 理论指导 to overcome blindness,
3. abolish impedient notions and systems against jurisdictional independence to realize the innovation in the judicial system:
•eliminate the confused areas 认识误区 on jurisdictional independence to get rid of the ideological hindrance. 
•strength and improve the Party’s leadership of the judicial work, perfect NPC’s supervision of the court work, centralize the setup of courts, and localize the outlay supply to ensure the independence of the judicial functions and organs.
•do away with the system of case report 案件请示 to guarantee judgemental independence of a lower courts of it superior court上下级法院.
•regenerate the administrative system of courts through repeal of the system of obligatory court and judgmental committee, separation of judgmental affairs and administrative affairs, obviation of the intrusion of administrative power into judgmental power to make sure the power of trial and judgment goes to the subject of justice.
•reform the empanelling system of judges and strictly stipulate the post conditions and electing procedure to ensure the qualities of judges and the freedom of patronage of local governments, formulate rules with regard to judges’ professional power, identity, salary, safety insurance and training to attract and educate talents and keep the backbone.
•establish and perfect supervisory and chastening mechanism 监督机制和惩戒机制 in accord with professional characteristics of judges 法官, deepen the judge writ 文书 reform, making known attestation and reasoning and the opinions of the minority of in the assembling court to invite social supervision 接受社会监督.

Keywords: judicial essence, reform, system, judicial independence司法独立

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