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Power Balance: On the Judicial Authority and the Trial Authority Operating Mechanism Perfect

Author: YuJing
Tutor: GaoJinKang
School: Southwestern University of Finance and Economics
Course: Legal
Keywords: Jurisdiction Management of the trial Operationalmechanism Improve
CLC: D926.2
Type: Master's thesis
Year: 2011
Downloads: 213
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Abstract

Management of the trial is a derivative of power of the jurisdiction of the court, which has compound attributes of jurisdiction and administrative power. It coordinates the court overall will with the will of individual judges, to make sure jurisdiction of a judge can be rightfully exercised. However, jurisprudential circle has long been attention to nonobjective judicial theory of "judicatory independence" and "judicial independence", or annotate of judicial principle. They do not fully understand the actual operation of the courts in China, but only just based on the concept of criticism. Therefore, some scholars think that management is opposed to independence in modern law emphasizing judicial independence. Consequently, in the existing legal literature, it makes contribution to the theory of management of the trial slightly in jurisprudential circle but the practice of management of the trial has a rapid development. It will result in that the practice of management is lack in the guidance of theory, and it does not develop the achievement of practice through the theory intending to guide the practice. Based on the research situation, this article takes the reform of operating mechanism of court jurisdiction and management of the trial in Province S as the sample for analysis, summarizes the existing theories and does practice research on the relationship between jurisdiction and management of the trial, describes and evaluates the content of the reform, finds and analyzes the problems on adjudication. Basis on the research of root and resource of these problems, the article proposes concrete measure of perfecting operating mechanism of court jurisdiction and management of the trial. It put forwards the sixth suggestion, that is, to intensify the breadth and depth of the application of modern information technology, to sun up the experience of administration of justice, to strengthen the overall the level management, to amplify and improve the restriction of management of the trial, to promote the publicity of jurisdiction and management, to pay attention to microcosmic technical conformation.

Power Balance: On the Judicial Authority and the Trial Authority Operating Mechanism Perfect

Abstract

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