July 2023，Zhang Jun, Dean of the Supreme People's Court, proposed in the National Judge's seminar，The president of the Council shall "read the nuclear"。September of the same year，Dean Zhang Jun emphasized at the opening ceremony of the National Judicial College in the fall of 2023 and the "People's Court Lecture Hall"，It is necessary to use the "nuclear reading system" as the starting point，Responsibility for supervision and management of the president of the Academy。Since then，Courts of courts across the country have successively introduced the "Implementation of Trial Opinions for Reading the Nuclear Reading System"，Determine the president of the hospital as a nuclear reader，To fully read the referee documents，Sign the batch of leaving marks until life -long。For this，The favoror thinks，Reading system is the legal responsibility of the president of the court in accordance with the law、A reflection of improving the supervision and management mechanism of judicial power operation。Opponents think，Reading system is a disguised "approval system"，is "Going to the Return of Judicial Reform"。

essentially，Regardless of the approval system or the nuclear reading system，All are dealing with the relationship between trial rights and supervision rights。If the game of two powers forms a spectrum，So the two ends of the spectrum -both judgment and supervision rights are controlled by the hands of the highest rulers and the judgment is completely independent and in principle. Image。So，We might as well penetrate the specific system，Find the precision site of the nuclear system in the vertical historical context and the comparison positioning of the horizontal direction。More importantly，Positioning through the nuclear system，We can see the grand theoretical proposition of Chinese -style judicial modernization。

bet365 Play online games Vertical dimension look at the "Nuclear Reading System" 

From the perspective of vertical historical dimensions，Chinese society in the imperial system presents the unified structure of "one monarch and thousands of people"。That time，The trial right has not realized its own functional differentiation，Power is concentrated in the hands of the monarch and passed through the bureaucratic system.、layer extension。At the grassroots level，State and county officials Although there are specific power of dispute treatment，But the final decision right is in the hands of the emperor and the central government，The judgment made by the lower -level referee may be overturned by the superior at any time。For example，Family Wedding Fields and Tuxin Listening Models in the Litigation Mode，You can "cast" the dispute to a higher level，Seeking a higher status, a person with a higher position overturned the referee results。The referee in the crime -shaped trial mode such as the severe case，There is an obligation to apply after the sin。Steps through "detailed knot", "approval", "consultation", "question knot" and other steps，The punishment rights realize the gradient distribution between the referees at different levels。At this time, the role played by the state officials，Rather than solving the dispute independently，It is rather to be a staff member at the end of the bureaucratic system prepared for the monarch to finally make a judgment。Judgment Supervision and even overturning conclusions In the traditional judicial model, "、Si Kong Seeing "phenomenon。

After the founding of New China, before the reform and opening up，Chinese society once formed the "Totality" structure led by the ruling party。Affected by the modern revolution ideology and political and legal traditions，Legal instrumentalism is scattered，The court system is difficult to say that it has realized its own functional differentiation，The phenomenon of "trial politics" in the judicial field is common。For example，Formally abolished before 1979，The operation of major cases of the party committee's leader has Bet365 lotto review long existed in the judicial system for a long time。After reform and opening up，There has been tremendous changes in Chinese society，"The court resolves disputes in accordance with the law，The concept of external intervention without administrative agencies "is gradually deeply rooted in people's hearts。Although the court system has achieved limited division of labor compared to external，but，Generally reflected in the "close" organizational structure of judicial administration。For example，Council President's Approval Case、"Quality and Effects" of the case exists in judicial practice，Judgment rights are strictly supervised by superiors.。

The 18th National Congress of the Communist Party of China has opened a new era of comprehensively governing the country in accordance with the law。The reform of the judicial system is an important part of comprehensively governing the country in accordance with the law，and the judicial responsibility system is the "cattle nose" of the reform of the judicial system。The 3rd Middle School of the 18th Party、Fourth Plenary Session of the Fourth Central Committee proposed to improve the judge of the trial、The responsibility system for the case handling of the collegiate panel，"Let the trial judge、Responsible for the referee "; the report of the 19th National Congress of the Communist Party of China proposes to fully implement the judicial responsibility system;。From "implementation" to "comprehensive implementation" to "comprehensive and accurate implementation" word change，It can be seen that the Party Central Committee's expectation of the reform of the judicial responsibility system。The essence of the judicial responsibility system lies in the "judge judgment、Judge Trial "，This is obviously "Cases for Documentary Trials，Council President's Approval Case "has conflicts。Under the judicial responsibility system，The operating mode of judicial power has undergone major changes，How to deal with the relationship between the right to judge and the right to supervise the problem again from the underlying riverbed bet365 live casino games of the historical torrent。The reading nuclear system can be regarded as a new exploration in this specific historical context。

The horizontal dimension see the "Reading of the Nuclear" 

From time to time,，We are not living in an isolated moment，but live in the context of history。From the perspective of space，We are not the "island" in the region，Instead of in a universal contact。Understanding others can help us know。The individual's independent Western classic judicial image of the judge also has its historical tradition and realistic context。

In Western history，The legal system was born in the binary power competition of secular king and church divine rights。The most fundamental meaning of Western rule of law is the "rule of rules"。It is because of the tit -.、Nobility of potential，As a compromise and balance of the system，The right to obey the rules of the law of both parties can be formed。In the politics of Western reality，Division of power and balance of power is the basic logic of its system。The personal independence of the judge at the legal level is the three powers of power at the political level。In the sense of comparison between China and the West，We can find，The underlying logic of Western society is the "division" of power，It emphasizes multiple competition; the underlying logic of Chinese society is the "combination" of power，It emphasizes concentration and unity。

It is thought to have a point of view，According to the judicial responsibility system, "judgment of the trial、Judge Trial，Who trial、Who is responsible "institutional logic，In terms of formal deduction, the referee will be derived from the conclusion that the referee is independent and does not be supervised by others。So，Whether it is the approval system or the nuclear reading system, it is running down with the current reform of the judicial responsibility system。This inference may ignore the historical tradition and real context of Chinese society。From historical tradition,，China since the establishment of a centralized system more than 2,000 years ago，Overall in the social structure Bet365 lotto review of the university。Judicial power has never been "detached" from central power in history to become independent; trial rights have never run away from supervision and completely independently run。

From the real context，Article 131 of the Constitution in my country，"The people's court exercise the right to judge independently in accordance with the law，Not subject to the administrative agency、Interference between social groups and individuals。"generally believes in explanation，Article 131 of the Constitution stipulates that the court organization as a overall independent trial，instead of personal independent referees from illegal officials、Not subject to supervision。China's context is different from the context of the West，This determines that the modernization of Chinese -style judicial modernization cannot be exactly equivalent to the modern judicial justice of the West。General Secretary Xi Jinping pointed out: "The‘ True Sutra did n’t read it well，Always thinking about ‘Xitian Du Jing’，It is necessary to make a mistake! "Western judicial model is not the ultimate goal of Chinese -style judicial modernization。but，We should also see，Under the trend of the era of comprehensively governing the country in accordance with the law，When the reform of the judicial responsibility system is fully implemented，The past trial administration or even the political model of trial is obviously unsustainable。

"Reading Nuclear System" perfect path 

According to the perspective of system theory，Facing the complex and changeable external environment，The system itself can only complete the structural differentiation，Only to achieve complexity and simplified function。The reform of the judicial responsibility system can be regarded as in the context of modern diversified and complex social，A choice of the court system to realize its own professional division of labor and technical differentiation。The path of the reform is different from the personal independence of the judge in the Western sense，It is also different from the politicalization of trials in Chinese history。In terms of the relationship between judgment and supervision,，The proposal of the read nuclear system means that Bet365 app download we will transform from the "strong supervision mode" in history to the "Limited Supervision Model of Limited Limited" under the judicial responsibility system，But it is different from the "unsupervised mode" of the personal independent of the Western judges。

In this sense，Reading system is the context of my country -based and era，An exploration of the development of Chinese -style judicial modernization。Of course，We should also see，The ideal of reform is not the reality of the system。Reading the nuclear system must really be implemented，The following two points must be treated on the plan。First，Establish a clear and clear list of trial management matters，Construct a trial supervision system with clear power and responsibility。For example，What can the president of the Council supervise? What are the procedural proceedings when the referee and supervisor's opinions are inconsistent?，Is the supervisor be responsible? If you cannot effectively answer the above questions that are allocated to the distribution of rights and responsibilities，The reading nuclear system may return to the "old road" of the approval system，Even on the unsupervised "Destroyer"。

2，Pay attention to the procedure guarantee of the parties。The president of the Council Reading the nuclear system is a procedure within the court，The result of changing the referee that affects the interests without the participation of the parties should be particularly careful。"Oral、Direct、The principle of the trial of the seat "is not just an institutional symbol，More importantly, the trial procedure through ritual，Can establish a sense of trust in the judicial system。"Justice must be realized，And to be realized in a visible way "。Target of the reform of the judicial responsibility system，"Strive to make the people feel fairness and justice in every judicial case"，instead of keeping the parties worrying about the center of the operation process full of black box effects。Only establish a clear list of powers and responsibilities and ensure the procedure interests of the parties，The reading nuclear system can truly bet365 best casino games become a good recipe for realizing the modernization of Chinese -style justice。

(The author is a doctoral student in the Law School of Tsinghua University)