Thinking and prospects of judicial flat reforms
July 14, 2020 23:23 Source: "China Social Sciences" July 15, 2020 Total 1967 Author: Liu Xu

The decision of the Fourth Plenary Session of the 19th Central Committee of the Party is clearly proposed,To optimize the organizational structure of the state organs,Implementing flat management,Form a high -efficiency organization system。Flating is the direction of the reform and development of the system system of my country's national organization,It is an important reform measure to promote the modernization of the national governance system and governance capabilities。The application of flatization in the judicial field has far -reaching significance,Building justice、authority、Efficient judicial system can play a significant role。Face -oriented demand、Based on actual、Three aspects of improving efficiency,Constantly deepen the flat reform of the judicial field,Meeting the people's growing judicial justice needs。

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Demand orientation is the fundamental pointer to build a modern public service system,Means that the exercise of the public service functions of all national institutions should be compatible with people's needs,The scale of public services、Structure and distribution must match the actual situation of demand。The basic connotation of the demand is also flat,Flat -to -flat inner locations require the maximum to shorten the organization settings、The distance between the management process and the actual needs of people,Forms a comprehensive reflection of demand、Precise grasping requirements、System operation of fast feedback requirements。The functions of providing judicial services with judicial organization and system,It is also necessary to show the corresponding demand orientation,That is, the actual appeal of the dispute with people,Including the needs of obtaining legal and litigation information、Convenient registration and needs to participate in the procedure of the litigation、Demand of the expression Bet365 lotto review and interaction of litigation opinions, etc.,Disclosure of judicial information、Litigation process design、Judicial participation platforms and other aspects are practically guaranteed。

People's judicial needs are the specific reflection of the people's beautiful life needs in the new era.,It is the people's quality of judicial system and judicial activities、Real requirements for efficiency and credibility。Multiple areas of people's needs in people's life,Correspondingly presented as the people's residence judicial needs、Education judicial needs、employment judicial needs、Medical and judicial needs and other aspects。March 12, 2019,Zhou Qiang, Dean of the Supreme People's Court, put forward in the work report made by the Supreme People's Court at the Second Session of the 13th National People's Congress,Adhere to the people -centered development thought,Efforts to meet the increasing diverse judicial needs of the people; the diversification of people's judicial needs is the judicial needs of the people's livelihood、Judicial needs in the field of marriage and family、Judicial needs in the field of administrative disputes。Minsheng judicial needs,Real Estate Property、Labor dispute、Judicial needs generated in the fields of consumer rights and interests are relatively heavy in the current public judicial needs structure,and the judicial needs in the field of marriage and family have maintained a large scale for a long time,Land acquisition and demolition is an area where public judicial needs have gathered for many years,Calculation compensation in the field of rural governance、"Division of Three Power", etc., becomes the focus of the judicial needs of farmers。

People needs content、New evolution of the structure,and the new situation of the development and changes of the needs of the people's judicial field that follows,is the fundamental guidance of promoting the flat and changing reform of the judicial organization system,Requires the judicial organs in the organizational form、Follow -up and system supporting。To grasp the bet365 Play online games area and space characteristics of the people's judicial needs,Perfect the court、The layout of court organizations such as tour court,Realize the complete embedding and accurate fit of the distribution of judicial needs with people。In order to further pull the feedback between demand and system,Development trends of the front of the lawsuit in accordance with litigation services and management,Focusing on compressing disputes to solve chain、Create a flat complaint source governance process,Adopt the notification front、Delivery front、Preservation of prefix and other prefix measures,Promote the realization of flat、Seamless Source Docking。For real estate and property management、Labor dispute、Consumption rights protection and other people's livelihood judicial needs are more densely needed,Promote the construction of specialized judicial organizations and referee mechanisms,To concentrate、More efficient feedback and processing requirements。The case of land acquisition and demolition administrative lawsuit in the high incidence situation,Explore the special court and even the special court,Strengthen the flat supply of judicial needs in such cases。

  Close to actual flat reforms

Differentiated places are actually a realistic basis for being constructed by the multi -unified rule of law and judicial system in my country,my country's judicial reform reflects the combination of unified law implementation and diversified local practice,Its foothold lies in the actual situation of local economic and social and judicial development。flattening itself has closely attached to actual、The meaning of showing high adaptability and flexibility。In the past, "1+1+1", "1+3+1", "3+3+4" and other trial team composition mode appeared in the exploration of judicial flattelling places in the past,It is a reform experience created by the local actual situation。Future judicial flat reform must be further implemented to seek truth from facts、Close to the actual policy,In the flat organizational structure、Innovation of the flat management system,Bet365 lotto review To effectively combine the economic and social conditions and judicial development status of differentiated localities。

Judicial flat reform reforms to face the actual actual situation of economic and social development、The actual situation of the judicial case、The actual situation of the judge team、The actual situation of the actual aspects of judicial management。First,Actual economic and social development,covering the material and technical equipment conditions provided by the local economy and society at that time,The moral level of the local economy and society at that time、Legal thinking and behavior,and the actual situation of interaction and collaboration between them with justice。These all affect the setting and judicial management status of judicial organization。The impact of different technical conditions on the management level and management range is significant,Under the conditions of traditional backward communication conditions, more management levels are required to transmit information at layers; modern network -based information technology promotes the management range of management,Then promote the flat development of the organization。other,The main body of the local market at that time、Development of social subjects,It will also affect the setting of judicial organization。Under the circumstances of poor market development and poor judicial participation,Because of lack of necessary service outsourcing and social collaboration,It will inevitably cause abnormal expansion of the internal organization of judicial,Extra the burden on judicial management,Increase the complexity and management difficulties of judicial organization。

The current status of dispute breeding and the scale submitted to the judicial channel solution,It is also an important reality that judicial flat reforms to face。The most intuitive point is,The size of the judicial organization and the team must match the scale of the case acceptance,How large a large -scale case acceptance appeals,Determined the number and form of the judicial team's construction。bet365 Play online games The scale of litigation is subject to the legal definition of the type and scope of the case,It is also subject to the actual occurrence of the case of the case that the law is allowed。The current overall scale of judicial cases rises、The main class increases a lot、Situation of local changes,Met the new requirements and challenges of the judicial trial team organization and its form,The team and team model of the various courts also face the pressure of dynamic adjustment。Index distribution in the current legal official system also needs to be reformed according to changes in the scale of the case,so,The state of the real case is adapted。

  Flat reform of efficiency

Efficiency is the main value target of flat reform,The effort to reduce the management level is to reduce the intermediate link of information transmission and unnecessary turnover loss。Guided by efficiency value,The power configuration of the judicial level is required to be consistent with the management practice it undertaken,Organizational capture and feedback of external needs and information is precise and fast。Flating is a specific display of the purpose of the reform of the judicial system,Most systems implemented by the reform、Reduce the procedures such as the issuance of issuance,The purpose of improving the efficiency of judicial referees and judicial management with clearly improving judicial referees。Future judicial reform must also be guided by efficiency,Organize the function configuration in the fourth -level court、Settings of the internal organization of the court、Judgment and Management Process Design,Further implement the flat reform policy,Focus on building power and responsibilities、Structure Science、Coordinated and efficient trial power operation mechanism。

Over the years,Functional positioning of the Fourth -level Court of Courts around the construction of a scientific and reasonable level,Many studies advocate the concentration of the facts of the facts in the grassroots court,To better guarantee the judgment efficiency of the court in the facts of the facts。bet365 Play online games In the applicable legal link,Between the judgment of the case and the formulation of the rules,There are still more management levels、The chain is longer、Slow demand feedback and other questions,The flatness created by judicial rules is more urgent。In the current judicial regulations supply system,a、Various referee rules encountered in the case trial of the second instance in the second instance court,Need to go through a long period、Research on more links、Newspaper、Summary judgment,The process generated by the rules is lagging behind the referee actual。Therefore,Deepen the flat reform in the future,On the one hand,To promote the current case guidance system to further move towards the case citing system,Deepening of the reform of the judicial referee in the same case,It will greatly save manpower and energy investment in the process of factual identification and law.,Probose improvement of judicial judgment efficiency。On the other hand,To give the underlying court accordingly, the right to create the right to create the right,Promoting a flat referee rules supply mechanism,Allows judges to create a jurisprudence with legal binding and referees,to effectively improve the efficiency of legal applications and regulations。

Modern information technology is a powerful pusher for judicial flattelling,Provides a strong tool for the leap of trial and its management efficiency。New information transmission means create a close effect at hand,Da Da has closer the court's organization level、The information transfer distance between the internal institutions of the court and the public and the judiciary,Information exchanges of various activities of all kinds of judicial activities are more convenient and fast,The wider management range of the judicial organization is possible until the borderless management may be realized。Many referees in the past,If you send it、Appraisal, etc.,The improvement of the efficiency of trial constitutes a large constraint。Information technology progress is to improve these disadvantages、Promoting institutional bet365 best casino games innovation provides opportunities,Application of remote video hearing methods will effectively promote the change of judicial processes and litigation systems。Looking forward to the future,Information Technology will be a superior court、All kinds of referees and management agencies、Participants of all parties in the court and public public,More flat、More closely connected into a close distance、Strict and complete and two -way interactive judicial collaboration network。

  (This article is the project of Henan Province Social Science Planning Project "Accelerating the Research on Cross -domain File Litigation System" (2019BFX009) phased results)

(Author Unit: Institute of Law of the Academy of Social Sciences of Henan Province)

Editor in charge: Wang Ning
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