Research on Our Courts Independent Judicial Power Supervision Mechanism
|Keywords||supervision court judicial power supervision external supervision internal supervision|
Jurisdiction is the important national jurisdiction. Judicial fairness and efficiency, is thefocus of the whole society, also is the lifeline of the people’s court. If the people’s court wantsto realize judicial justice and efficiency, it must do legally, impartialy and honestly in theprocess of exercising judicial power, and effective supervision and restriction is the basicconditions of safeguarding judicial power legally, impartialy and honestly and realizingjudicial justice and efficiency. The current phenomenon of the judicial injustice and judicialcorruption is more prominent, although there have been some effective supervision and formand specific measures. But no matter the external supervision to the people’s court or thepeople’s court internal supervision is lack of uniform standards and still not perfect, thesupervision function has not been fully played. This needs explorate, summary, establish thescientific supervision mechanism conforming to judicial power operation rules andcharacteristics furtherly, urge the judicial power to operate in the specification, fair andefficient orbit and realize effective supervision and judicial impartiality.This paper makes the people’s court independent trial activities as the research object,using the method of literature, and the induction method, synthesis method etc and so on,making our country court independent judicial power supervision mechanism of theconnotation and structure clear, it refers to the country organs, political parties, enterprises,institutions, social organizations and other social organizations and citizens, news media,public opinion and court internal supervision organs etc in the people’s courts shall exercisejudicial power or after exercising judicial power supervisory and supervise in accordance withthe legal authority and legal subject program. But the court independent judicial power isconstructed by the external supervision mechanism for the supervision of the court, and thecourt to the supervision of the internal structure, the external supervision to the court’s isincluding the NPC’s supervision and procuratorial organs and supervision of the supervisionof the society from all walks of life, the court internal supervision including level of trialsupervision and administrative supervision, etc.This paper discusses the necessity of the establishment of court independent judicialpower supervision mechanism from the theoretical basis, legal ground, and the practical reasons, etc, analyzes and summarizes defects and reasons of our courts independentjurisdiction legal supervision mechanism by investigating the present situation of internal andexternal supervision mechanism, The internal supervision mechanism as an example, itsdefects is: The departments of exercising supervision and function are too enough,supervisionand functions are not effectively played; Pay attention to post-supervision, and advance andpresent case supervision is insufficient; Members of the collegial panel internal supervisionbecome a mere formality, The judgment of the court judges, management and supervisionexist polarization. The reason is: the case undertaker responsibility mechanism affects the fullplay among the members of the collegial panel supervisory role, Supervision institutionsseting unreasonable affected the exercise of power supervision; The judgment of the courtjudges, management and supervision responsibilities did not make clear a regulation, etc.Finally the paper puts forward the court independent judicial power supervisionmechanism measures, Concerning the external supervision mechanism to court the perfectmeasures, they include the National People’s Congress supervision aspects.We shouldstrengthen the legislation of National People’s Congress, work out plans for surveillance law;strengthen complaint case and case supervision, carry out the people’s congress of a court ofsupervision over the work of the court, correctly handle relations of the people’s congresssupervision and judicial independent. On the procuratorial supervision aspects, we shouldchange ideas,perfect civil litigation procuratorial supervision legislation, strengthen the teamconstruction, etc. On the supervision aspects, we should perfect security mechanism, improvethe deal with network supervision by public opinion of the concentration, standard lawsuitparticipates in a person, especially the lawyer’s supervision behavior on the network publicopinion, earnestly implement the public trial mechanism, in order to judge the public responsenetworks "false public", establish and improve network public opinion supervisionmechanism, etc. Concerning the perfect measures of the internal supervision mechanism tocourt, they includes: perfecting the internal supervision mechanism settings, implementing theinternal supervision mechanism of exercising unified, following the judicial power operationcharacteristics, realizing the accuracy and validity of the internal supervision, standardingsurveillance content, implementing the overall supervision and key supervision; perfectingsupervision mechanism, improving the internal supervision efficiency, etc. The thought that the paper clarifys of how to further improve and optimize the to courtjurisdiction operation supervision and control mechanism of train is just a preliminary studyand rough framework. Some awareness of the problem is not profound enough, someproblems mentioned is general, there is no specific solution, further in-depth study is needed.We hope that we can avoid the abuse, improve the quality of the referee and finally realize thepurpose of justice and efficiency through continuous perfect our country’s court independentjudicial power supervision mechanism.