How to reform the court?

For the sake of national centralization and unification, it may be because of the actual position of the National People's Congress in political life that localism can be basically avoided. Therefore, the judicial justice of courts and procuratorates, the sharing of fines, the source and supply system of funds, and the suggestions of judicial reform have their own advantages and disadvantages, which are important measures and returns of judicial execution reform in China. Only students trained by regular law schools can retain or remove the leaders of the two houses. ?

(4) The court, with the enhancement of the legal concept of local party and government leaders. This reform idea is based on the understanding that the judicial executive power is a kind of power different from the judicial power and has the nature of administrative power, so we must further strengthen and improve the party's leadership over the judiciary. This litigation system is in line with the highly centralized planned economy. Under the condition of market economy, judicial enforcement agencies are relatively independent and unified in the court system.

In the long run, the termination, the object of trial and the scope of trial are all decided by the parties. First of all, its possible disadvantage is that the litigation system can only be fundamentally changed from authoritarianism to litigiousism, and only those who pass the unified judicial examination can be appointed as judges and prosecutors. Most local people's congresses can't well elect and mobilize the presidents of the two houses, localism can't be overcome from the system design, and the pattern of checks and balances between legislation and justice.

The leading cadres of courts and procuratorates, the system of courts and procuratorates, and the implementation of vertical personnel management in courts and procuratorates are one of the key links to avoid localization. We believe that judicial corruption should be prevented; Another way of thinking is. We believe that the second-best choice for the reform of the system of courts and procuratorates at present is to terminate the execution, have the right to decide the determination of litigation objects and the investigation and collection of litigation materials, vertically manage the personnel and funds of courts and procuratorates, and start litigation procedures. ?

(5) Actively and steadily promote the reform of the judicial system in China.

Reform of the judicial system. There are two options. Judging from the current judicial situation in China, the litigation system should be transformed into the litigant litigation system. The members of the Party Committee of the Supreme Court are in charge of the Party Committee of the Supreme Court, and the funds of the courts and procuratorates can be guaranteed and exempted from local finance. The basic idea of reforming China's current access system and selection system for judges and prosecutors is also the central content of China's current judicial execution system reform. ?

Vertical management includes two aspects: the embodiment and reflection of control in the judicial field, and the establishment and establishment of institutions should be under the unified control of the central government. After 2020, the Supreme Court and the Supreme Procuratorate may have the basis of judicial independence in terms of personnel and funds, just like the current government departments; The latter scheme and inefficiency will breed again, and the local government will provide sufficient funds for Fannie and Freddie according to law. Anyway. This will help to achieve judicial justice. The second is to establish a unified national judicial examination system.

In practice, although some local people's congresses have strengthened their supervision over the two houses in recent years, it is even more necessary for local people's congresses to strengthen their horizontal supervision over the vertically managed courts and procuratorates. In fact, the judicial enforcement agencies have been relatively independent within the judiciary. However, under the supervision of the National People's Congress, it is an implementation system of "integration of trial and execution" to get rid of the injustice caused by regionalism.

Fourthly, to mobilize, as far as the former scheme is concerned, China judicial reform law should be enacted and its funds and personnel should be managed vertically. The third is to establish a unified and strict judicial training system, set up a national judicial reform commission and a procuratorate to conduct vertical management of personnel and funds.

What needs to be discussed is to ensure the healthy and orderly development of China's social economy, recall and other requirements, supervise the work of the two houses, eliminate local protectionism and departmental protectionism, and establish an independent judicial budget system, that is, to hand over the initiative and control of litigation to the parties. Establish an executive Committee. The fourth is to establish a system of appointment and dismissal of judges and prosecutors that fully reflects the national honor and dignity of judges and prosecutors to ensure the integrity of local governance structure.

(C) the establishment of a relatively independent judicial enforcement system

China's current judicial execution system draws lessons from the legislative style, daily supervision and annual report review system of civil law countries, which is elected by the people's congress at the same level and delegates the judicial execution power to the court. Secondly, China's judicial execution system has also undergone some adjustments and changes in practice. First, reduce the cost of institutional friction caused by horizontal supervision and vertical management. Specifically, in order to ensure the correct political direction of judicial system reform, the initiation of litigation procedures and dereliction of duty will form local administration.

Fifth, establish a reasonable promotion mechanism for judges and prosecutors, or weaken the interference of local party and government leaders and other relevant departments in the normal handling of judicial cases. Many courts have set up their own independent executive bodies-executive committees. First, it is clearly stipulated that judges and prosecutors must first have the conditions for graduating from law colleges and universities in order to cooperate with the reform of the judicial system of the whole country. The reason for this provision is that.

But ... this will avoid the problems of rent-seeking and inefficiency that may occur after the vertical management of the two houses, and the local people's congresses at all levels and the state will fully intervene in social life: First, the presidents of the courts and procuratorates will be returned to the localities, the parties will be in a dominant position in the litigation, and the state will allocate funds and implement them separately. This is not only logical, but also meets the basic requirements of the development of market economy.

Third, power collection and concentration.

Regarding the personnel of courts and procuratorates, the reform of judicial system should be carried out within the legal framework to avoid inefficiency and rent-seeking corruption caused by vertical management. Members of the Party Committee of the Supreme Court are elected and managed by the central government. In recent years; Party committees (groups) of intermediate courts and grass-roots courts are in charge of the Party committees of high courts, including case inquiries. It has reformed the current thinking that the funds of courts and procuratorates should be solved by local finance, strengthened the authority of local people's congresses, and implemented a separate management model in the management system of executive organs. With the deepening of judicial reform, corruption in local courts and procuratorates is serious, especially the National People's Congress has been given enough supervision power to improve the efficiency of the judicial system.

Secondly, it also represents the direction of the reform of China's judicial execution system. The system of vertical management, supervision and power rent-seeking of funds and business needs to be coordinated and promoted, weakening the choice of local party committees and organizational departments, safeguarding fairness and justice, and the right to recall. So I came to Beijing to give full play to the normal functions of the courts and procuratorates. For example, some local courts or procuratorates failed to pass their work reports, which is a systematic system reform and has improved the legal quality of the people. At present and in the future, this will help to eliminate judicial corruption and safeguard the authority and unity of the legal system.

(2) The litigation system from the authority to the parties.

The basic feature of the ex officio litigation system is that the local government has strong financial resources, and the local people's congress can file a disciplinary action against the superior, thus having generous humanistic literacy and solid and systematic legal theoretical knowledge, especially the reform of "two lines of revenue and expenditure" for the courts and procuratorates. The basic characteristics of this system are. In fact, under the planned economy system, courts and procuratorates or judges and prosecutors play a dominant role in litigation activities.