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What does the Justice Bureau do? What does it matter? Thank you.
There are many functions of the judicial bureau. Compared with other political and legal organs, judicial administrative organs have the largest number of functions, and it is even difficult to find one or two suitable words to summarize their functions. From prisons and reeducation through labor, to lawyers and notaries, from legal publicity and people's mediation, to resettlement assistance for released prisoners, from judicial appraisal and judicial examination to legal education and legal aid, the functions of the judicial bureau can be said to be complicated, but there is a lack of an inevitable connection between them. Division, mastery, management and control, the full name of the Bureau of Justice is judicial administration, which, as the name implies, is to manage the administrative affairs of judicial organs. Judging from the evolution of judicial administration, judicial administration also manages the administrative affairs of judicial organs. In retrospect, the Ministry of Punishment was changed to the Ministry of Justice in the late Qing Dynasty, that is, the administrative affairs of the judicial organs were managed. Of course, this trace means that Ah Q's ancestors were also rich, but just as FIFA admitted that football originated in China, it can't change the backward situation of football in China. At the beginning of the founding of New China, the Ministry of Justice was established, which determined the system of separating judicial administration from judicial trial, and its function was to be in charge of judicial administrative affairs of judicial organs. 1959 In April, the Ministry of Justice was abolished, and the integration of judicial administration and trial began. 1979 in the report on the restoration of the Ministry of Justice submitted by the Central Political and Legal Committee to the Central Committee, it is pointed out that the people's courts are the judicial organs of the state, shouldering the heavy responsibility of exercising judicial power, and it is not appropriate and indeed difficult to concurrently perform various judicial administrative work. In September of the same year, the National People's Congress Standing Committee (NPCSC) decided to set up the Ministry of Justice, and the central government handed over the judicial management power of the courts to the Ministry of Justice for unified management. Peng Zhen and other central leading comrades have repeatedly stressed that the Ministry of Justice should become the organization department, propaganda department, education department and logistics department of judicial organs. 1982 the constitution clearly stipulates the principle of separating judicial administration from judicial trial. However, in the three institutional reforms in the State Council, 1983, 1986 and 1997, the function of local people's governments at or above the county level to manage the judicial administration of judicial organs was abandoned. The report of the 16th National Congress of the Communist Party of China clearly stated, "Reform the working mechanism of judicial organs and the management mechanism of people and property, and gradually realize the separation of judicial trial, procuratorial work and judicial administrative affairs." Proper separation of judicial administration and judicial business has become one of the important contents of China's judicial system reform. It seems that it is just around the corner for judicial administration to manage the administrative affairs of judicial organs. In particular, some people think that the executive power of judgments and rulings should be assigned to judicial administrative organs, and procuratorial powers such as criminal prosecution and criminal investigation should be handed over to judicial administrative organs for unified exercise when conditions are ripe. Therefore, the comrades of the Bureau of Justice are waiting for the spring of judicial administration. So how far is the spring of the Justice Bureau? Or should I ask: will there be spring in the judicial bureau? First of all, from the perspective of everyone's expectation, the reform of the national judicial system is a systematic project, which requires comprehensive consideration of various factors, and it will be a long process to amend the Constitution and the organic laws of the two houses. So, are we just waiting and doing nothing? Moreover, responsibility, power and benefit are consistent, and as much power as you have to bear is as much responsibility. Judging from the current situation of judicial administration and the quality of personnel, it can not meet the requirements of the execution of judgments and rulings, let alone exercise procuratorial power such as criminal prosecution and criminal investigation. More importantly, after the reform of the judicial system, the functions of judicial administration have increased, and the existing functions cannot be straightened out. How to straighten it out after adding functions? Or simply focus on new functions, supplemented by other functions? There is a slogan in the Bureau of Justice that if you want to have a position, you must do something, but if you want to do something, you must do something. It should be said that this idea is good. If you carry it out correctly, do what you should do, give up what you shouldn't do, and don't say that you have a position, at least you will do something. But in the actual operation process, you have to do something wrong, or not do it well, or even take it as the main job. Governing the country according to law has been written into our constitution. The 16th National Congress of the Communist Party of China proposed to build socialist political civilization, and legal system construction is an important part of political civilization. At the Third Plenary Session of the 16th CPC Central Committee, it was proposed that Scientific Outlook on Development should be established, people-oriented and comprehensive, coordinated and sustainable economic and social development should be unified, and reform and development should be promoted in accordance with the requirements of "five overall plans". Adhere to coordinated economic and social development and people-oriented; Adhere to the coordinated development of socialist material civilization, political civilization and spiritual civilization, and emphasize promoting all-round social progress and human development on the basis of economic development. It should be said that the rule of law has been promoted to an unprecedented height. As a general plan of governing the country, the status of governing the country according to law should be far higher than the basic national policy of family planning. However, family planning, as a hard indicator, is still grasped and implemented layer by layer. On the other hand, it is only an annual assessment, which is a formality. As an important part of the coordinated development of the three civilizations, the protection of people's legitimate rights and interests should be stronger than the protection of people's consumption interests under the principle of putting people first and respecting and safeguarding human rights. However, if people's interests are violated in consumption, they can complain to the Industrial and Commercial Bureau, and consumers' associations come forward to coordinate, while administrative organs or administrative law enforcement departments harm people's interests, desecrate the authority and dignity of the law, and defile the image of the party and the government. Who will supervise the administrative law enforcers at this time? When our judicial bureau is intoxicated with how many laws are preached every year, how many people are educated, how many people have taken open-book exams, and what is the passing rate, and it is euphemistically called plagiarism as a kind of learning, it is like a hunter with a shotgun telling farmers who are farming in the mountains that something like that gray dog is a wolf and will eat people. You should protect yourself, and then go home after work and be nice: I publicized it and everyone knows it. I remembered a joke: the father told the children not to be afraid of dogs. As long as you leave it alone, it won't bite you. The child looked at the dog in fear and said, I know, but does the dog know? Yeah, does the dog know? What the masses need is not how many laws they are familiar with, and even jurists cannot be familiar with all laws. What they need is actually very simple. When their legitimate rights and interests are violated, they know who to look for to protect them and someone will protect them.