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A Study on the Reform in Financial Security Institution in China

Author: ZhangLin
Tutor: ZhangYongHe
School: Southwest University of Political Science
Course: Legal
Keywords: court fund security institution problems suggestions
CLC: D926.2
Type: Master's thesis
Year: 2010
Downloads: 189
Quote: 3
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Abstract

The reform of judicial system is an important part of the reform in China’s political construction, while the reform of judicial security system is essential. Furthermore, the reform of the security institution in court is indispensable, in which one important project is the reform in the fund security system.I have worked in court for twelve years and investigated the trial and logistics departments in court successively, two for intermediate people’s courts and the other two grass-roots people’s courts. All of them are from one province in the south, the economy of which is developed, while there are still some underdeveloped or undeveloped areas. Therefore, I chose the intermediate people’s courts in the city of provincial capital and underdeveloped region, the grass-roots people’s courts in underdeveloped and undeveloped areas as the object of my invetigation. Through questionnaires, telephone interviews and informal discussions and in a period of four months, after probing into the financial security of the above courts, now I present the data and results for the reference of the fund security institution reform.It can be seen from the survey that in recent years, financial departments have made great efforts to solve the problems in financial security and the standard of security has improved a lot. Currently, the single system has gradually evolved into a pluralistic one, which includes local, provincial and central levels. Multistep and pluralistic security channel has made court in a period of the most abundant security fund. And the construction in material equipment and infrastructure developed much more quickly than before. Meanwhile, it’s also a time when court has benefited the most. However, under the existing institutition, the charges and expenses are both subject to local budget category. The standard of financial security at all levels depends directly on the local economic development. Due to the sharp difference of economy in different regions, court has been plagued by insufficient funds, especially the poverty-stricken, underdeveloped and undeveloped areas. The financial difficulties have influenced and restricted the trial implementation and other work, affected the displaying of the court functions. Through the investation, I also find there are some specific questions as following: In the process of“two-line execution”, the income and expenditure are not decoupled completely in some courts. Frequently, the expendure is decided by the income. Outwardly divided but inwardly connected. The formulation of the stardard in public fund management is not equitable. It can be widely seen that public fund is used in other expenditures. Some courts even haven’t carried out public fund standard until now. There are great differences in the fund securtity in courts of different areas and levels. Some courts have troublesome debt problems to solve, which influenced the normal work of court trial.Through the analysis, I think that in the process of exercising their rights, the courts should give priority to the trial rights, the administrative management should be subordinate. The existing court management institution incorporates the people’s courts at all levels into local political organs, the local financial organs take the responsibility of the security of the courts. The disgreement between authority and expenditure obligation is the main reason for the problems in financial security system. In the trial of cases, the local people’s courts are intervened by the local government, thus the judicial independence and justice are affected. To solve the problem, the court fund security system must be reformed into one which combines routine and financial power on one hand and one which is central or bi-level, central and provincial on the other hand. This is also the need for implementing the duties for trial. However, the reform must adhere to the principle of being consistent with the administrative management system. To tackle the problem at its source and to follow the rule, we should change the existing organization and financial system and adjust the judicial system. Based on the adjustments, the routine and financial power of central and local levels should be divided again to reform the fund security system. If the management system can be changed from the current four levels into two levels of cenral and provincial, then it is possible that the security insitution can be of two levels too. Under the circumstances that the managerial, legal and basic problems are hard to solve, considering the current court management system and the principle of unifying routine and financial power, I suggest that th expenditures of courts should born by the central, provincial and local financial organs, i.e., the salary of court staff should be burdened by the financial organization of the same level, the operation fund of courts assumed by provincial level, the handling of cases and the eqipment construction shouldered by central finance, infrastructure construction covered by central, provincial and local government in proportion respectively.I hope that this paper can shed some light on the court fund security institution of our country.

A Study on the Reform in Financial Security Institution in China

Abstract

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