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On Long-acting Mechanism to Ensure Funding for People’s Court

Author: LiChongHua
Tutor: LiaoYongAn
School: Xiangtan University
Course: Procedural Law
Keywords: Litigation expense Court funds Effective mechanism Litigation cost system
CLC: D926.2
Type: Master's thesis
Year: 2010
Downloads: 110
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Abstract

The operation of any unit needs funds in China. As the final place to resolve disputes, People’s Court also require some funds to maintain the normal operation. We need to consider over the problem of the funds security of court from two aspects of income and expenditure, therefore, the author considered by empirical research, finding that there are many problems existing in court expenditure, such as the large infrastructure expenses, debt serious, different criteria of court spending financial statements, muddled management, different criteria of the judge salary welfare spending, and unequal. Also, when the shortage of funds, courts generate income by assigning tasks and using the elastic regulations, legislation and fuzzy rules, but also save money through various measures. Additional, because of the welfare, it may cause the phenomenon of psychological unbalance, criticizing each other; blindfold Keeping up with the joneses, which trigger corruption.Based on the investigation of foreign court funds security system and learning from the positive and negative experience of financial guarantee mechanism of the court in the period of the republic, under the premise of experience for our financial strength and the supervision and administration of the system, the author puts forward some practical suggestions. The author thinks that the action of constructing Chinese courts funds safeguard mechanism is to solve the model selection of funds safeguard firstly. After weighing the provincial public finance guarantee model and analyzing the central government unified security model rationally, the author puts forward the point of view that the establishment of financial guarantee mechanism should be taken of incremental reform road and the ultimate goal should be to implement the central government unified security model.In our country, further to the concrete construction of the people’s court funds safeguard mechanism, determining guiding principles should be the first step. The author thinks that establishing funds safeguard mechanism should follow the principle as follows: payments decoupling, full protection principles, Classification security principles, timely adjust, reasonable growth principle, economizing, strengthening supervision principles. In addition, the author holds the idea that, in order to establish people’s court funds safeguard mechanism, we need to solve all the problems about debt in the history. The second, we need further investigation of extensive court, formulating rational court corridors budget system. Morever, distinguishing different projects, adopting different means of funds allocation. Last but not least, to formulate the perfect supervision and management system of court expenditure.Generally speaking, we need to consider two aspects of the source and expenditure when solving the problem of court funds. Only under the premise of ensuring adequate court funds, strengthening the supervision and management of court funds expenditure, the court funds safeguard mechanism can be really established.

On Long-acting Mechanism to Ensure Funding for People’s Court

Abstract

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