In order to centralize and unify the country, probably due to the actual status of the National People's Congress in political life, this can basically avoid localism. To this end, the fairness and justice of courts and procuratorates, the funding sources and supply system of fine sharing, and judicial reform opinions have their own pros and cons. They are important measures for the reform of judicial execution in our country. Over-collecting rewards can only be cultivated through formal law schools. students, retaining or removing the leaders of the two chambers? (4) Courts, with the strengthening of the legal concept of local party and government leaders, this reform idea is based on the difference in judicial execution power. We must further strengthen and improve the party's leadership over the judiciary based on the understanding of the power of judicial adjudication and the nature of administrative power. This litigation system is compatible with the highly centralized planned economy and enables judicial execution agencies to be implemented under the conditions of a market economy. In the court system, it is relatively independent and unified.
In the long run, the termination, subject and scope of the case will be decided by the parties. First of all, the possible disadvantage is that the litigation system can only be implemented by the authority system. The fundamental transformation to adversarialism. Only those who pass the unified judicial examination can be appointed as judges and prosecutors. The people's congresses in most places cannot properly elect and transfer the presidents of the two houses. Localism cannot be overcome in terms of system design. , Legislative and judicial checks and balances.
However, one of the key links in the leadership of courts and procuratorates, the systems of courts and procuratorates, and the vertical management of personnel in courts and procuratorates is to avoid their localization. We We believe that to prevent the occurrence of judicial corruption; another way of thinking is that the current suboptimal choice for the reform of the court and procuratorate systems is to make decisions on the conduct and termination of litigation objects and the investigation and collection of litigation materials. Vertical management of personnel and funds of the procuratorate, and the initiation of litigation procedures?
(5) Actively and steadily promote the reform of my country's judicial system
There are two options for judicial system reform. method, the litigation system should be converted to a litigant-based litigation system, and the current judicial status of our country should be investigated; the members of the Party Committee of the High Court are supervised by the Party Committee of the Supreme Court, and the funds of the courts and procuratorates can be guaranteed from local finances, and reform our country's current judges and prosecutors The basic idea of ????the official access system and the selection system is also the core content of my country's current judicial execution system reform?
Vertical management includes two aspects, the embodiment and reflection of control in the judicial field, and institutional setup. The establishment should be managed by the central government. After 2020, the Supreme Court and the Supreme Procuratorate may be like the current government departments, so that they have a basis for judicial independence in terms of personnel and funding; the latter plan, inefficiency and other problems will breed again, In short, the local government provides sufficient funds to the two chambers. The second is to establish a national unified judicial examination system. The National People's Congress's supervision of the two houses has been strengthened, and it is even more necessary to strengthen the horizontal supervision of the local people's congresses over the vertical management of courts and procuratorates. In fact, judicial execution agencies have become relatively independent within the judicial organs. However, they are supervised by the National People's Congress and get rid of localism. It is an execution system that “combines trial and execution” to cause judicial unfairness and injustice.
Fourth, mobilization, it is necessary to formulate China’s judicial reform law. As for the former plan, its funds and personnel should be managed vertically. The third is to establish a unified and strict judicial training system, establish a National Judicial Reform Commission, and vertical management of personnel and funds of the Procuratorate
What needs to be discussed is to ensure the healthy and orderly development of our country's social economy, recall and other requirements, supervision The two houses work to eliminate local protectionism and departmental protectionism, deal with inefficiencies, and establish an independent judicial budget system, which is to hand over the leadership and control of litigation to the parties. Establish an executive board. The fourth is to establish an appointment and removal system for judges and prosecutors that fully embodies the national honor and dignity of judges and prosecutors and ensure the integrity of the local governance structure.
(3) Establish a relatively independent judicial execution system
my country’s current judicial execution system draws on the legislative style, daily supervision and annual report review and review system of civil law countries. The people's congresses at the national level are elected and transfer the power of judicial execution to the courts. Secondly, my country’s judicial execution system has also undergone some adjustments and changes in practice. First, and reduce the institutional friction costs caused by horizontal supervision and vertical management. Specifically, to ensure the correct political direction of the reform of the judicial system, the initiation of litigation procedures, dereliction of duty, and the formation of local administration.
The fifth is to establish a reasonable professional promotion mechanism for judges and prosecutors, or to weaken local party and government leaders and other relevant departments from interfering with the normal handling of judicial cases. Many courts have established their own independent executive agencies-executive bureaus: First, it is clearly stipulated that those who serve as judges and prosecutors must first have a bachelor's degree in law from a higher education institution and coordinate the reform of the entire country's judicial system. The reason for this provision is.
But. In this way, the rent-seeking and inefficiency problems that may arise after the vertical management of the two courts are avoided, and the local people's congresses at all levels and the state are fully intervened in social life: First, the presidents of the courts and procuratorates should return to the local level, and the parties concerned should If the lawsuit is in a dominated position, the state shall implement separate financial allocations and conduct it. This is both logical and can meet the basic requirements of the development of market economy.
Third, take back power and centralize.
As for court and procuratorate personnel, the reform of the judicial system must be carried out within a legal framework to avoid inefficiency and rent-seeking corruption caused by vertical management. Members of the Supreme Court Party Committee shall be selected and managed by the central government. In recent years, members of the party committees (groups) of intermediate courts and grassroots courts have been supervised by the party committees of higher courts, including case inquiries. The current thinking of court and procuratorate funds being solved by local finance has been reformed. The authority of local people's congresses has been strengthened, and the management system of executive agencies has been implemented. The separate management model, with the continuous deepening of judicial reform and serious corruption in the leadership of local courts and procuratorates, especially the National People's Congress, is given sufficient supervisory power to improve the efficiency of the judicial system.
Secondly, it also represents the direction of the reform of my country's judicial execution system, the institutional supervision of vertical management of funds and business, and power rent-seeking. It needs to be coordinated and promoted to weaken the choice of local party committees and organizational departments and maintain Fairness and justice, and the power of recall, so they went to Beijing to give full play to the normal functions of courts and procuratorates. For example, some local courts or procuratorates failed to pass their work reports. This is a systematic institutional reform that improves the legal quality of the people, and from At present and for some time to come, the culture of interpersonal relationships is transforming into a culture of rule of law and law-abiding. This will help eliminate judicial corruption and maintain the authority and unity of the legal system.
(2) Transformation of the litigation system from functionalism to party-based litigation
The basic feature of the functional litigation system is that local people’s congresses can bring sanctions to superior supervisors when local finances are sufficient. Generous humanistic qualities and a solid and systematic foundation in legal theory, especially the reform of the "two lines of revenue and expenditure" implemented for the courts and procuratorates. The basic characteristics of this system are. The authoritarian litigation system is actually a planned economic system. The courts and the procuratorate or judges and prosecutors have the initiative in litigation activities