Construction and flow of discourse of judicial reform
June 05, 2020 07:50 Source: "China Social Sciences", June 5, 2020, No. 1941 Author: Hou Meng

Judicial Reform of the 18th National Congress of the Communist Party of China,Different important methods have appeared at different times。These important methods can be called the discourse of judicial reform。Use of these words,Not only used for induction、Description of the ideas and tasks of judicial reform,At the same time, it is also the display of the will of the power of judicial decision makers。This article is selected by the four puppets in the court's judicial reform for explanation,Reveal the power and mechanism and relationship behind it。

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2012,The 18th National Congress of the Communist Party of China proposes a strategic deployment on comprehensive deepening reform。November 12, 2013,The Third Plenary Session of the Eighteenth Central Committee of the Communist Party of China adopted the "Decision of the Central Committee of the Communist Party of China on Several major issues of comprehensive deepening reforms" (hereinafter referred to as "Decision of Comprehensive Deepening Reform"),Among them, the "deepening the reform of the judicial system,Accelerate the construction of a socialist judicial system with justice and efficient and authoritative authority "。Then on October 23, 2014,The Fourth Plenary Session of the 18th Central Committee of the Party adopted the "Decision of the Central Committee of the Communist Party of China on Several Major Issues on the Governance of the Country in accordance with the law" (hereinafter referred to as "Decision of the Governance of the Law"),A deeper deployment of the reform of the judicial system and operating mechanism。The fourth part of the "Decision of Comprehensively Governing the Country in accordance with the law" is about "guaranteeing fair judicial、Requirements for the credibility of judicial judicial ",6 aspects such as "perfecting and ensuring that the system of exercising the right to judge and prosecution in accordance with the law"。

The deployment of judicial Bet365 app download reforms in "Decision of Comprehensive and Law" involves all aspects of judicial reform。Therefore,The "Fourth Five -Year Reform Outline of the People's Court (2014-2018)" (hereinafter referred to as "Four Five -Year Reform Outline"), which was originally planned to be introduced in the summer of 2014,,In order to compare the "Decision of the Comprehensive and Law", it was greatly modified until February 4, 2015.。"Four Five -Year Plan Reform Outline" re -developed file name,That is, "The Supreme People's Court on the Reform of the People's Court -the Fourth Five -Year Reform Outline of the People's Court (2014-2015)"。The previous three outlines of the reform, "The Five -Year Reform Outline of the People's Court", "The Second Five -Year Reform Outline of the People's Court (2004-2009", "Outline of the Third Five -Year Reform of the People's Court (2009-2013)" "" "" "" "" " The file name of the file is not adopted in the form of the main title plus subtitle。Obviously,The Supreme People's Court adds the word "Comprehensive Deepening the Reform of the People's Court" in the document name bet365 Play online games of the "Four Five -Year Plan".,It is to implement two decisions in the above central government。

6 aspects of the "Decision of the Governance of the Country in Comprehensive Law","Four Five -Year Reform Outline" stipulates 65 work tasks,Divide into 7 aspects。The Supreme People's Court also targets 65 work tasks,Policies of one item、Supervise implementation。The system that originally did not have to be established,The original insufficient to be optimized、Improve and Promotion。Take the establishment of the system as an example,The establishment of a judicial jurisdiction system that is appropriately separated from the administrative division in the "Fourth Five -Year Reform Outline",Including the establishment of the Supreme People's Court Tour Court、Court of Cross -administration District Court、Intellectual Property Court,Establish a trial -centered litigation system,Establish a French official system,Establish a working mechanism for preventing intervention in judicial activities,The above tasks have been completed on time。

With the completion time bet365 Play online games of the "Four Five -Year Reform Outline", the completion time is approaching,October 18, 2017,The report of the 19th National Congress of the Communist Party of China also proposed: "Deepen the comprehensive supporting reform of the judicial system,Comprehensively implement the judicial responsibility system,Efforts to make the people feel fairness and justice in each judicial case。"This means that the work of the first stage of" comprehensively deepening the reform of the people's court "is basically end,will soon be transferred to the second stage。If the focus of the first phase of reform is "comprehensive",The focus of the second stage is "comprehensive supporting"。

"Comprehensive supporting" means,Comprehensive deepening of the people's court reform in the first stage,All aspects of the court,But the power of the court alone cannot be completed。Therefore,Comprehensive reform of the court that has been promoted,Need the party and government departments and all parties to support,Give comprehensive supporting facilities。The "Four Five -Year Reform Outline" proposed "Promoting the Reform of the Classification Management System of Courts", "Promoting the Reform of the Reform of the People's Court's Property Management System", "Promoting the Reform of the People's Court",These all need to be deepened in the second stage,Comprehensive supporting facilities。Therefore,To comprehensively deepen the reform of the people's court in the first stage,Especially in order to implement the "Deepening Comprehensive Supporting Reform of the Judicial System" required by the report of the 19th National Congress of the Communist Party of China,The full name of the Five -Year Five -Year Reform Outline was changed to "The Supreme People's Court on Deepening the People's Court's comprehensive supporting reform of the people's court (2019-2023)"。

  From "the operating system of socialist trial power with Chinese characteristics" to "modernization of the trial system and trial ability"

"Power Operation System of Socialist Trial Power with Chinese Characteristics" first appeared,It is in the "Four Five -Year Reform Outline","By 2018 preliminarially built bet365 Play online games a system of socialist trial power with Chinese characteristics,An important part of the socialist rule of law system with Chinese characteristics "。3625_3664,Including: legal norm system、The implementation of the rule of law、rule of law supervision system、The rule of law security system and the party's regulations。"Decision of the Governance of Fully Management" does not clearly propose the concept of the operating system of socialist trial power with Chinese characteristics,But the "Four Five -Year Plan Reform Outline" regards it as an important part of the socialist rule of law system with Chinese characteristics。Around this goal,"Four Five -Year Plan Reform Outline" also has some new ways to echo it。For example,It is clearly pointing out that the right to judge is the right to judge、Judgment power is central right、Establish a trial -centered litigation system。At the same time, it is also proposed to improve the right to judge the right,The trial power operation mechanism that guarantees the power of trial supervision and judgment management rights,Implement the trial liability system,To make the trial judge,Responsible by the referee。

What needs to be pointed out is,The new concept in the "Four Five -Year Reform Outline"、New Method,Not the Supreme People's Court's own decision,Instead, report to the leadership group of the central judicial system reform、The Central Political and Legal Committee and the Central Leaders' Comrades approved,or the implementation of the central opinion。Shortly after the "Four Five -Year Reform Outline",Central leaders' comrades further pointed out,The judicial responsibility system is the "bull nose" of the reform of the judicial system。So far,Construction of the operating system of socialist trial power with Chinese characteristics,Open around the judicial responsibility system。The Supreme People's Court issued a series of files for this。For example,"Several Opinions on Improving the People's Court's Judicial Responsibility System", "Opinions on Strengthening the President of the People's Court of the People's Court at all levels (Trial)"。

February 4, 2015,The Supreme People's Court announced in the "Five -Year Five -Year Reform Outline" announced "preliminary formation of the operation system of socialist trial power with Chinese characteristics"bet365 best casino games 。At the same time, "deepen the comprehensive supporting reform of the people's court in the new era with greater efforts,Comprehensively implement the judicial responsibility system,Accelerate the formation of the system、Scientific specifications、Effective institutional system "。For this,The 65 tasks of the Five -Year Five -Year Reform Outline were divided into 10 institutional systems。October 31, 2019,The Fourth Plenary Session of the 19th Central Committee of the Party adopted the "CPC Central Committee on persistence and improvement of socialist system with Chinese characteristics、Decision to promote the modernization of the national governance system and governance capabilities "。Among them, the statement about judicial reform basically reinterprets the report of the 19th National Congress of the Communist Party of China,"Deepen the comprehensive supporting reform of the judicial system,Perfect the trial system、Procuratorate,Comprehensively implement the judicial responsibility system "。But the Supreme People's Court decides the spirit,Also began to propose "Modernization of Judgment System and Judgment Capability"。March 16, 2020,The Supreme People's Court printed and issued the "Opinions on Promoting the Judgment System and Judgment Capability of the People's Court to Implement the Party's Fourth Plenary Session of the Party"。Among them, "the promotion of the judgment system and the modernization of the trial ability,Based on the modernization of the national governance system and governance capabilities based on judicial functions "。

"Socialist Trial Power Operation System with Chinese Characteristics" and "Modernization of Judgment System and Judgment Capability",Each focus is different。The former emphasizes institutional system construction,It can be said that it has been initially formed,The current job is sound and perfect。The follow -up point of the latter lies in the actual effect,is to "better convert my country's institutional advantages into national governance efficiency"。For example,"Opinions" requires the court to "focus on improving the overall service capacity of service", "insist on the implementation of trial execution and the Bet365 app download deep integration of modern technology", etc.。

 The essence of the discourse of judicial reform

Although at different stages,Different words appearing in judicial reform,But the differences in these words,Even the difference in the order of words,Not just a question of grammar and rhetoric,But the description and induction of the actual situation。The four mentioned methods were described as an example,There are differences between them,Not indicating that it is a opposite relationship,Instead of progressive relationship。Of course,The flow of these discourse words is not spontaneous,It is not even determined by the Supreme People's Court。They are changing around the changes of the reform discourse of the Party Central Committee。This exactly explains,The most important function of the court is to serve the overall situation。The court must be consistent with the Party Central Committee,That is, the "Absolute Leadership of the Party's Absolute Leadership for Judicial Work", which is now emphasized,。On the specific mechanism of the discourse of judicial reform,Supreme People's Court、Central Political and Law Committee、Central Judicial Reform Leading Group,and later the Central Committee of the Central Committee comprehensively governed the country in accordance with the law,During the continuous interweaving process,Together of the judicial reform。

Just care about the judicial reform discourse itself,Reveal the relationship between power behind,It may still not be enough。Another important job,It is the actual effect of focusing on the object of the discourse of judicial reform。Is there any progress in the reform of the judicial system and the reform of the working mechanism,How about social effects,Whether there is a separation of "words and things",etc.。This requires more detailed experience survey and empirical analysis,Instead, it also helps to reflect on the existing judicial reform discourse。

(The author is a professor at the School of Law of Renmin University of China)

Editor in charge: Zhang Yueying
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