With the deepening of China's judicial reform and "justice and efficiency" theme in the people's courts, strengthening judicial management, improve judicial management level of increasing concern. Then, what is judicial management? Its connotation, scope is what? In this paper, from the relevant judicial management of the definition of "judicial management" or definition, management literature for the definition of the term "management" and judicial practice literature for "judicial management". Specific matters of the literature on judicial practice for the "judicial management" of the enumeration of three perspectives, the judicial management of the connotation of a wide range of macro - meso - micro level, to the court management as the core, covering the court management, prosecutorial management, reconnaissance management, management of notary publics, lawyers management, arbitration management, prison management, judicial education and examination management, and other aspects of the conclusion.
I. The Definition and Definition of "Judicial Management" in Judicial Management Literature
Two Problems of China's Judicial Management System, published by He Weifang in 1997, examined the content of "Judicial Management", and argued that in Chinese legal literature, "Judicial Management" has been widely recognized as one of the most important and important issues in China's legal system. In the Chinese legal literature, "judicial management" does not seem to be a frequently used term. [1] Moreover, in modern Chinese, although "judicial administration" is frequently used, the term "judicial administration" is not accessible from the Modern Chinese Dictionary, the Hanyu Dazhi Dictionary, and many legal dictionaries. The term "judicial management" used to seem very strange. In addition to the degree of national attention to judicial issues, there may also be a problem of language habits, because the English words "Judicial Administration", "Administration of Justice" (AOJ), "Judiciary", and "Judiciary" (AOJ) are not used in this context. "(AOJ), "judicial management" and so on with a very natural, not like the Chinese "judicial management" as hard; and many English-speaking countries, such as the United Kingdom, the United States, Australia and so on, people to judicial justice and aimed at guaranteeing the smooth delivery of justice judicial management of concern, rely on the degree, to be much higher than accustomed to rely on extra-legal means (when the rule rely on the power, chaos rely on the force, relationship, human feelings, habits, etc. is to communicate with their own and the "power", "power" bridge. "bridge, if not able to go on this bridge, then" not with the small man general understanding "of" the word "tolerance" and become a temporary quell the dispute of the analgesic cream) to resolve disputes, to realize its mind The Chinese government has been trying to find a solution to the dispute and realize the "justice" of China in its mind.
(a) a broad understanding
In terms of a clear definition of judicial management or a definitional description of the scope of judicial management, the Lord Chancellor of the United Kingdom in 1968 (Lord Chancellor) that the judicial management of "all of the activities that go on behind the scenes of any real-life courtroom drama" (all of the activities that go on behind the scenes of any real-life courtroom drama). all of the activities that go on behind the scenes of any real-life courtroom drama";[2] Professor Delmar Karlen, director of the Institute of Judicial Administration in New York and author of Judicial Administration: The American Experience, argues that judicial administration According to Professor Delmar Karlen, judicial management includes not only the house-keeping management of the courts, but also the structure of the courts, judicial choices, the organization and training of the legal profession, and all of the elements which go into making a judicial system good or bad. system good or bad),[3] earning the approval of then U.S. Supreme Court Chief Justice Warren E. Burger, who argued that Professor Delmar Cullen, in the tradition of Roscoe Pound and T. Vanderbilt, had shifted the realm of judicial management from the traditional selection of judges, The field of judicial administration has expanded from the traditional selection, tenure, retirement, and removal of judges, court structure, and other "traditional elements" to include legal education, federalism, judicial supremacy, substantive law reform, and contingent fees (often referred to in this country as "contingency fees"), continuing the work of their predecessors. The term "administration of justice," according to Sir George Coldstream, tends to encompass all matters involved in bringing criminal and civil justice to society. and civil justice for society. [5]
The above definitions or understandings of judicial management are in fact different and similar, all of them are out of the box of the internal management of the court, focusing on a broader perspective, tracing the political system, constitutional system, legislative system level, looking at the lawyer system and other broad justice system, study of the quality of the judicial system may affect the quality of all the factors, the study of the field of view is far more than the management of the court's organization and personnel and the management of the operation of the litigation to come to the open. The research horizon is much broader than the management of court organization and personnel and the management of litigation operation. Vertically, the scope of the study involves the constitutional system (e.g., federalism, judicial supremacy, substantive law reform), the court system (e.g., the court system), and the legislative system (e.g., the court system). -The scope of the study is both vertically at the level of the constitutional system (e.g., "federalism," "judicial supremacy," "substantive law reform," and "legislative issues"), at the level of the administration of the court system (e.g., "court structure"), and at the level of the internal administration of the courts. Organization and training of the legal profession, lawyers' fees and other broad content.
(B) narrow definition
Of course, there are scholars of judicial management to give a narrower definition, such as the United States scholars, Henry R. Glick (Glick) that the judicial administration (Judicial Administration) mainly involves two areas, one is the court organization and personnel management, a litigation operation management; [6]. According to Jiang Huiling, court administration and courts came into being at the same time. Since the deletion of "the administrative affairs of the courts shall be managed by the judicial administrative organs" from the 1983 Law on the Organization of the Courts of China, the administration of the trial work and of the courts themselves has been exercised by the courts, thus forming the "dichotomy" of the functions of the courts and the "dichotomy" of the courts' functions. Dichotomy" and the court institutions of the "duality", that is, the trial function and management function, [7] that is, in fact, the scope of the court's judicial management is limited to the court's internal administration, and the previously mentioned "court housekeeping " seems to be connected.
These are two definitions that favor micro judicial management or "court management", and it is not wrong to focus on judicial management as the object of study after the success of the construction of the modern judicial system and the resolution of the issue of judicial independence, but at the present time in China the judiciary is not yet truly independent, and the construction of a modern socialist judicial system is underway, the "court becomes a court" is a definition of "court management". "Why the court becomes a court" this judicial power in the national macro public **** power system has not been resolved under the premise of the rational allocation of the scope of "judicial management" if only limited to the organization of the court, personnel management, litigation operation management or court internal affairs management. Management of these areas, it is very likely to see the wood for the trees, can not identify judicial injustice, judicial corruption, judicial inefficiency and other judicial low-quality, low-quality operation of the root cause of the disease, so it is difficult to prescribe a truly effective treatment of various judicial illnesses of the prescription.
In fact, that year, citing Glick on judicial management mainly includes court organization and personnel management and litigation operation management of the definition to illustrate its understanding of the significance of the judicial management of Professor He Weifang, in its study of "the court to become a court", "the bureaucratization of the judges or non-bureaucratic "After studying these two outstanding problems in China's judicial management system, Prof. He Weifang has "y felt that our country is facing very special difficulties in establishing a reasonable judicial system and even the legal system as a whole. This difficulty lies not only in the legislative establishment of a set of so-called 'modern' systems, but also in the establishment of specific and even trivial small systems attached to the large system, and in the adaptation of the concepts of the people who operate such large and small systems to the requirements of the system. ", [8] the stroke of the pen, far from the court organization and personnel management and litigation operation management, but in essence in the "struggle for better courts" in the broader sense of China's judicial management issues.
The connotation of "judicial management" from the management definition of the word "management"
The word "management" has been the subject of much discussion in management literature. There are many different opinions on the term "management". Countless scientists, thinkers, management scientists, scholars in ancient and modern times and foreign countries have conducted research and exploration of management, leaving us a valuable management and management philosophy of the ideological heritage, but also for us to jump out of the "scientific management", "management science", It also helps us to jump out of the nest of improper understanding of "scientific management", "management science" and "enterprise management", to grasp the meaning of "management" in a wider scope and with a broader vision, and to gain an understanding of the rich connotation of "judicial management" from the perspective of management science. In a broader scope, a broader vision of the meaning of "management", from a management perspective to understand the rich connotation of "judicial management", bringing more useful insights.
(A) on the "management" meaning of the historical brief
As early as 2000 years ago, China's militarist Sun Wu's "The Art of War" is full of management strategy ideas; another militarist, Sun Bin, is famous for the story of "Tian Ji Horse Racing", while the story of "The Art of War" is famous for the story of "The Art of War". Sun Bin, another military man, is famous for the story of "Tian Ji Racing", which contains the germ of modern countermeasure theory and operations research; and the story of "Ding Wei Repairing the Palace" is a classic management case worth repeating, both from the perspective of system engineering and from the perspective of production process management.
In foreign countries, early management ideas can be traced back to the ancient Babylonian Kingdom of Hammurabi (Hammurabi) period, not only for the governance of the country, from the central to the local establishment of a strong and complete judicial, administrative and military institutions, but also the famous, up to 282 articles of the "Code of Hammurabi" was written, reflecting the social situation at that time, and to regulate the whole society in the form of law. society in terms of business dealings, personal behavior, relationships, wages, punishment, and other social issues. [9]
In Ancient Greece, Socrates (Socrates) raised the issue of the universality of management, arguing that "the management of private affairs and the management of public affairs differ only quantitatively, and are otherwise identical. It should be noted, however, that they are both managed by human beings. ...... Those who know how to employ others achieve success in both public and private affairs. Those who do not know how to manage others make mistakes in both public and private matters";[10] Aristotle studied the management of the state; and Xenophon, another philosopher, studied domestic management and agriculture under the title of Household Economy.
The Renaissance also saw the emergence of many management ideas, such as Thomas More's Utopia and Niccolo Machiavelli's Monarchia.
After entering the capitalist society, the basic form of production organization of the society shifted to socialized mass production based on factories, and new management problems such as the problem of efficiency and effectiveness and the problem of organization and cooperation among collaborative labor needed to be solved, and a number of new management practices and ideas appeared, such as Charles Arkwright's practice of scientific management, Adam Smith's view of the division of labor and the view of the economic man, and the little Watt and Bolton's scientific management system, the Massachusetts car accident and the separation of ownership and management, Irving's personnel management, Babich's operations research and compensation system, Youl's factory order and code, Tunney's gain-sharing system and Halsey's bonus program,[11] and so on,[11] have had a significant impact on the establishment and development of later management theory.
Since the emergence of the two "classical management theory" of Tylo's "scientific management theory" and Fayol, Weber and others "organizational management theory", after Barnard, Mayo, Herzberg and others. After the emergence of the two "classical management theory", by Barnard, Mayo, Herzberg, Custer, Drucker, Lu Sans and so on many theorists and practitioners of the contribution of management theory and has formed a behavioral management theory, quantitative management theory, systems management theory, contingency management theory, quality management theory, [12] the emergence of a large number of schools of management, the formation of the so-called "management theory bush ". In this context, management can be art, science, decision-making, process, "goal, responsibility plus practice" ......; In addition, on different levels of examination, management can also be viewed as a skill, as a technology, as a methodology, and even as a mathematical or philosophical theory. Even as a kind of math or philosophy.
In recent years, it seems that mathematical management theory is more favored by management scholars and academics, for example, only a few years into the 21st century, there are two years of the Nobel Prize in Economics was awarded to the scholars of "econometrics", and even "there is no mathematical management is just a spitball, is not a study! There is even the mockery of "management without math is just a spitball, never a study". But this does not mean that the decline of humanistic management theory and obsolete. Because the essence of management theory, no matter how varied, no matter how this "management theory jungle" how trees, is nothing more than the humanities management theory and mathematical management theory of the bias and "character combinations": that is, either belongs to the humanities management theory, either belongs to the mathematical management theory, either belongs to the humanities management theory. Either belongs to the mathematical management theory, or a combination of different weights of the two, the two will always complement each other, and can not be completely replaced: because management is not only science, but also art. On the position of mathematical and humanistic, either extreme is not desirable.
(B) the general understanding of the meaning of "management" in China's management circles
In view of the previous discussion, it can be seen that it is not easy to give a comprehensive and accurate definition of "management". It is an exaggeration to say that there are as many definitions of management as there are management scientists (or management theories). However, we should not fall into agnosticism, thinking that the word "management" is elusive and unrecognizable.
In fact, no matter what school of thought, whether it expresses its understanding of management in humanistic or mathematical language, "goal setting", "resource optimization" and "management practice" or "management practice", "management practice" or "management practice", "management practice" or "management practice", "management practice" or "management practice", "management practice" or "management practice" are the most important terms in the world. The items of "goal determination", "resource optimization" and "management practice" or "management activities" are the basic elements that no management scholars can forget; furthermore, for the study of the construction and development of the discipline of judicial management in China, it is impossible to discuss too much about the basic theories of general management, so we bypassed the cumbersome evidence and arguments, and adopted the standardized management theory of the Ministry of Education of China. Therefore, we will bypass the tedious arguments and debates and adopt the definition of the unified textbook of the Ministry of Education of China, that is, "Management refers to the following activities or processes in an organization: through the acquisition of information, decision-making, planning, organizing, leading, controlling, and innovation, etc., to allocate and coordinate all the resources that can be called upon including human resources, in order to achieve the goals that cannot be achieved by individual individuals. " [13] In short, "management" can be understood as an organizational activity or process of determining objectives and rationally using resources to achieve the established management objectives.
Based on the above general understanding of management, logically, the definition of "judicial management" can be derived - that is, judicial management is the organization that legitimately affects or carries the operation of the judicial power (the constitutional body or legislative body, Judicial system or court system, courts, courts of law, the internal organs of the courts, trial courts, etc.) in the following activities or processes: through the acquisition of information, decision-making, planning, organizing, leading, controlling and innovation and other functions of judicial management to allocate and coordinate all available judicial resources, including judicial human resources, in order to achieve a variety of judicial goals", or judicial management Is to determine the judicial management goals and rational use of judicial resources to achieve the established judicial goals of the organizational activities or processes, its basic components are judicial goals, judicial resources and judicial management practices (judicial management organizational activities or processes).
The definition of "judicial management" deduced from the principles of management and judicial management scholars of judicial management is "all the activities behind the scenes of any real-life courtroom drama", judicial management includes "all the factors that make a justice system good or bad", that judicial management is "the battle for better courts", and that judicial management "tends to include all matters involved in bringing criminal and civil justice to society". "The similarities between "better courts", "bringing criminal and civil justice to society", and a good "justice system" can be seen as a response to a certain goal of justice administration at a certain level. In terms of management resources and practices, "all the factors that contribute to the success or failure of the judicial system", "including all matters relating to the delivery of criminal and civil justice to the community", "all the factors that contribute to the success or failure of the judicial system", "all matters relating to the delivery of criminal and civil justice to the community", "all matters relating to the delivery of criminal and civil justice to the community", "all matters relating to the delivery of criminal and civil justice to the community", "all matters relating to the delivery of criminal and civil justice to the community". All activities behind the scenes of real-life courtroom dramas", "battles" and other terms that speak to the wide-ranging nature of judicial management activities, the diversity of judicial management resources, but of course also inevitably foretells the arduousness of the judicial management activities or processes: because from the perspective of the rational operation of a country's judicial power from the top down, "the determination of the judicial power" is the most important factor. From the point of view of the rational operation of a country's judicial power from top to bottom, "to determine the objectives of judicial management and rational use of various judicial resources in order to achieve the established judicial objectives of the organizational activities or processes" is by no means easy. In addition to the heavy task, the many affairs, the conflict of interest is the judicial management is difficult to avoid the major problems.
Three, from the judicial practice literature for the "judicial management" matters enumerated in the connotation of judicial management
Entering the 21st century, with the promotion of China's judicial reform, the term "judicial management" has been from scratch, and more and more occupy the people's courts, especially the people's courts, and the people's courts. More and more occupy the people's court, especially the supreme people's court judicial practice documents, about the "judicial management" connotation of the understanding has gradually deepened. The following is a brief chronological survey of the evolution of the term "judicial management" in the work report of the Supreme People's Court and other judicial practice documents.
According to the work report published on the official website of the Supreme People's Court, although the Work Report of the Supreme People's Court from March 11, 1997 emphasized the "strengthening of team building and improvement of the quality of judges" and paid increasing attention to the reform of the trial method, court reform and judicial reform, there was no mention of "judicial management" in the work report in the following years. However, the term "judicial management" has not appeared in the work reports of subsequent years, and even the word "management" is rarely used: in 2000, a paragraph in the work report referred to the issue of "management of judges", and referred to the "management of judges" as "the most important issue" in the work report. In 2000, a paragraph in the work report referred to the issue of "management of judges" and juxtaposed the term "management of judges" with the terms "selection of judges", "training system for judges", and "improvement of the quality of the judiciary". The juxtaposition of "judge management" and "judge selection", "judge training system" and "improving the quality of the judiciary" seems to be a substitute for one of the functions of management, which is indicative of the narrowness of the understanding of the connotation of "management" at this point in time; the work report for the year 2001 mentions that The 2001 work report mentioned the issue of "implementing a new system of management", which broadened the connotation of the term "management" in conjunction with "system"; the 2002 work report touched on the issue of "judges and court administrators". The 2002 work report touched on the issue of "classifying and managing judges and court administrators", while the 2003 work report discussed the "litigation expense management system" and "strengthening trial process management", The 2003 work report dealt with a number of judicial management issues, including "litigation costs management system", "strengthening trial process management", "reforming the management system of the maritime courts", "improving the judges' management system", and "categorizing the management system of court personnel", all of which clearly strengthened the sense of management. There has been a marked increase in the number of judicial matters under the heading of "management", but the term "judicial management" has not yet been used.
At the fourth plenary session of the Second Session of the Tenth National People's Congress on March 10, 2004, Xiao Yang made a "Report on the Work of the Supreme People's Court," which cost 1,748 words and was titled "Improving Judicial Management and Strengthening the Team," and devoted a special chapter to "Implementing a Trial Management System Focused on the Trial Process. The Supreme People's Court has devoted a chapter to "implementing a trial management system centered on the trial process to ensure the fair and efficient operation of trials"; "perfecting the court team management system centered on judge management, and improving the political and business qualities of judges"; and "perfecting the judicial administration system centered on the construction of people's tribunals, trial courts, and information technology construction". Improve the judicial administration management system focusing on the construction of people's courts, trial courts and information technology, and strive to improve the efficiency of judicial activities"; "Consciously accept the supervision of the National People's Congress and its Standing Committee, and adhere to the system of reporting on important matters"; and solve the problem of "difficulty in filing a complaint", "difficult to file a complaint", "unfair and inefficient adjudication", "insufficiently high quality of judges", "serious problems of a few judges violating the law and discipline", and other "trial management", "judicial management", "judicial management", "judicial management", "judicial management", "judicial management" and "judicial management". Management", "team management" and "judicial administration", [14] compared with the previous, greatly expanding the scope of "judicial management". The government has also expanded the scope of "judicial management".
The article "Providing Stronger Judicial Guarantees for the Comprehensive Construction of a Moderately Prosperous Society," published in the Bulletin of the Supreme People's Court, continues to similarly address the issues of "perfecting the trial-centered trial process management system to ensure the efficient operation of the trial work" and "perfecting the judge management system to ensure the efficient operation of the trial work. * with the maintenance of judicial justice, etc., [15] "judicial management" connotation has a tendency to further expand.
But interestingly, the work report made in 2005, in the "strengthen the trial and implementation of the work" (according to the law to severely punish serious criminal offenses, to maintain national security and social stability; according to the law to hear civil cases, equal protection of the legitimate rights and interests of the parties; according to the law to hear administrative cases and state compensation cases, and to promote the exercise of administrative power (adjudicating civil cases in accordance with the law and protecting the legal rights and interests of the parties concerned equally; adjudicating administrative cases and state compensation cases in accordance with the law, and promoting the exercise of administrative and judicial power in accordance with the law; increasing the intensity of enforcement work, and endeavoring to solve the problem of "difficult enforcement"), "strengthening trial supervision and guidance" (strengthening the work of letters and visits related to litigation and solving the problem of "difficult complaints"); strengthening judicial interpretation People's Courts at all levels to earnestly handle the work of the Hong Kong Special Administrative Region and the Macao Special Administrative Region in entrusting the service of legal documents and entrusting investigations and evidence collection), "Strengthening the grass-roots infrastructural construction of the people's courts" (investigating and researching, and clarifying the objectives; focusing on the key points, and paying close attention to the implementation; and strengthening the operational training, and enhancing the level of adjudication), "Strengthening the People's Courts' Team Building" (further strengthening the construction of the leadership team; carrying out in-depth educational activities to "build an image of judicial impartiality"; strictly regulating the relationship between judges and lawyers; and actively promoting the classification and management of court staff), "Doing a good job of the people's courts in 2005" (comprehensively strengthening the trial and implementation of work, to maintain social stability; actively and steadily promote the reform of the judicial system, to maintain judicial justice; continue to strengthen the team building, improve the quality of judges; continue to strengthen the grass-roots level of basic work, and strive to solve the outstanding problems and difficulties of the grass-roots courts), and other headings under the title of "judicial management". It seems that the words "judicial management" can not be seen, does it mean that the "judicial management" connotation of the understanding of the "shrinkage"?
The answer is no. In the 2004 Report on the Work of the Supreme People's Court, under the heading of "Improving Judicial Management and Strengthening Team Building", the words "trial management", "team management" and "judicial management" are mentioned. Under the heading of "Improving Judicial Management and Strengthening Team Building," the issues of "trial management," "team management," and "judicial administration" occupied almost the entirety of the 2005 Report on the Work of the Supreme People's Court, with "strengthening the work of adjudication and execution," "strengthening trial supervision and guidance," "strengthening the work of the judiciary," and "strengthening the work of the judiciary. The issues of "strengthening trial and execution work," "strengthening trial supervision and guidance," "strengthening the grassroots infrastructure of the people's courts," and "strengthening the building of the people's court team," among others, are in fact all part of the "trial management" and "team management" of the Supreme People's Court. In fact, they are all specific discussions on "trial management", "team management" and "judicial administration", and "actively and steadily promoting judicial system reform" itself seems to be a breakthrough. "Trial management", "team management" and "judicial administration", which are "house-keeping management of the courts" ("house-keeping management of the courts"). house-keeping management of the courts" (house-keeping management of the courts) box, the "judicial management" scope to expand the momentum outside the court.
In view of this, we can say that the connotation of judicial management, in our judicial practice documents, from the general "control" to the comprehensive court housekeeping management, and then to the court system outside the expansion of the tendency to gradually deepen; and, perhaps not a simple coincidence, this expansion of the tendency with the year, Prof. Delmar Cullen, the judicial management not only includes the court housekeeping management of the courts. Judicial management includes not only court housekeeping, but also the structure of the court, "all the factors that make the judicial system good or bad".
Conclusion: Judicial management - a wide-ranging discourse
Consolidating the above from the definition or definition of "judicial management" in relevant judicial management literature, the definition of the term "management" in management literature and the definition of the term "management" in management literature, and the definition of the term "management" in management literature. The definition of the term "management" and the judicial practice literature on the "judicial management" of the specific matters of the three aspects of the discussion, we have reason to make a wide range of judicial management, the connotation of a deep "broad" understanding, namely Judicial management is the organizational activity or process of determining the goals of judicial management and rationally applying all kinds of judicial resources in order to achieve the established judicial goals. For the judicial management of this rich connotation of the discourse, the author thought that can be understood from the following aspects.
First of all, judicial management is the learning and art of managing justice. And to realize judicial justice as corrective justice, completely disregard the distribution of justice at the source is not feasible. To manage justice well, not only need the judicial organs themselves to do a good job of internal management, or to do a good job of justice management at the meso and micro levels, to realize the goal of the judicial system to transmit corrective justice (corrective justice) and procedural justice (procedural justice), but also from the source, from the national political management or the macro level of the constitutional management of justice, from the distribution of justice (distributive justice). In addition, it is necessary to start from the source and manage justice at the macro level of national political management or constitutionalism, beginning with distributive justice, in order to do the prerequisite and basic management work for the ultimate improvement of the quality of justice. From the internal and external judicial system for judicial "total quality management", determines the scope, link, connotation of judicial management is much broader than we usually think.
Secondly, the main goal of judicial management is to build a better court, the content covers the internal management of the court, judicial selection, the organization and training of the legal profession, the structure of the court, the determination of the scope of the judicial review, the macro-configuration of the judicial power, the management of the quality of the judicial operation of the other factors are closely related to the management of other factors (such as the management of the prosecutorial management, the investigation management, the management of lawyers, the management of prisons and other activities closely related to the operation of the court), and so on. The management of other factors closely related to the quality of judicial operation (such as prosecutorial management, investigative management, lawyer management, prison management and other activities closely related to the operation of court proceedings), and so on all the factors that contribute to the good and bad of the judicial system.
Once again, the broad scope of judicial management and the rich connotation of the judicial management activities determine the following characteristics: (1) broad, any involved in the "cause of all the factors of the judicial system", may become the content of judicial management, its scope is much wider than the simple court trial management, can involve and may even be Beyond the investigation, prosecution, arbitration, enforcement, prison, lawyers, correctional labor, legal aid, notary public, mediation, etc. "broad justice system" [16]] any aspect, because these aspects of the quality of the system's operation, often directly affects the judicial system for good or bad. In addition, "management" connotation of the wide range of "judicial management" connotation of an important reason; (2) dynamic, that is, with the change of the objective environment and the specific management objectives of the different factors affecting the judicial system is not static, but with the management environment, management objectives and the relevance of the judicial system. The dynamic nature is that, with the change of objective environment and different specific management goals, the relevance of the factors affecting the judicial system is not static, but interacts with the management environment and management goals, so that the weight or proportion of the specific content of judicial management, especially the weight and proportion of the content of judicial management other than court management, will change; (3) openness. Similarly, in addition to the contents already listed, as the influence or relevance of litigation increases, the "traditional" judicial management content will continue to add new elements; (4) court management as the core. After all, the courts are at the center of justice, and litigation is the end product of justice, and the primary conflict cannot be ignored in the study of the secondary conflict.
Fourth, for the specific content of judicial management, can be combined with vertical and horizontal aspects of a comprehensive understanding. Vertically, in accordance with the "macro - meso - micro" level, from the judicial power in the macro configuration of state power at the macro level (constitutional level), the transition to the "judicial system - the court system - the judicial organization" of the meso (judicial system level), and then To the internal management (finance, human resources, equipment, information, etc.) and trial management of a specific court; horizontally, with the court system as the core, it extends to investigation, prosecution, notary public, lawyers, arbitration, prisons, judicial education and examination, and so on. Vertical and horizontal combination, and can be roughly three-dimensional overview of judicial management: (1) the independence of the judicial power, neutrality and other characteristics and how to build a political system to achieve the independent operation of the judicial power of the institutional conditions. Focusing on the study of justice and politics, justice and religion, justice and political parties, justice and legislation, justice and administration, justice and the military, justice and public opinion, justice and arbitration, justice and non-judicial mediation, justice and the international transfer of domestic judicial power and other public **** power, the relationship between the judicial and political, justice and religion, justice and political parties, justice and legislation, justice and administration, justice and military, justice and public opinion, justice and arbitration, justice and non-judicial mediation, justice and domestic judicial power and other international transfer of public **** power, to figure out the minimum limit of the independence of the judicial power, and to define the scope of the judicial review of the characteristics of the macro-, constitutional At the macro-constitutional level, to complete the design and realization of the system of judicial independence and neutrality. Including judicial human rights, judicial sovereignty, judicial culture, judicial psychology, judicial goals, judicial management subjects, objects, development of judicial resources, judicial reform and other macro-contents. To reflect the judicial people have, the people rule, the people's sovereignty in the people's thinking and judicial protection of human rights, judicial realization of the ontological value of justice and concepts, clean up the judicial "class struggle tool theory" of the poison. At the management level, it is at the "macro", "philosophical" and "institutional" level; (2) court management mode. After completing the division of judicial power, study how to complete the setup and construction of judicial organization. Comparison and selection of monist and dualist judicial system (such as the United States of America's federal and state two sets of judicial system), unified and decentralized (such as the establishment of the Constitutional Court in addition to the ordinary courts, administrative courts) of the judicial system, and the administrative district with the same and different judicial system, the magnitude of the different levels of judicial organization, the relationship between the upper and lower levels of judicial organization, etc., in particular, to sort out the relationship between the prosecutorial power and the judicial power, the selection of the judicial organization of the mode, level, and management. (3) judicial human resources management, such as the qualifications, job security, and supervision of judicial officials; (4) the design of the litigation system, including constitutional litigation, including the scope of cases, the trial mode, the level of trial, the evidence system, the status of judicial appraisal, the remedies and limits of erroneous judgments, the protection of the right of appeal in the case of judicial inaction, the mode of judicial enforcement, and the supervision and support of arbitration, notarization, and foreign adjudication; (5) judicial supervision and crises. ; (5) judicial supervision and crisis management; (6) judicial financial management, judicial administrative management; (7) micro judicial management, including micro judicial organization within the behavior, such as organizational setup, financial and logistical support, development and utilization of judicial human resources, judicial leadership, judicial corruption prevention and control, etc.; and extra-organizational functions and behaviors, mainly litigation function and the achievement of the goal of adjudication justice. At the same time, the study of trial-centered, trial process management, trial quality management mechanism, implementation work management, team management mechanism, comprehensive coordination and logistical support mechanism; (8) comparative study of judicial management. Can vigorously draw on, transplant its foreign advanced judicial scientific management experience and practice, improve China's micro judicial management level.
The above content, can be broadly divided into judicial political management (important attention to the constitutional vision of the judicial power and related powers of the macro-allocation, the determination of the scope of judicial review and international judicial relations and other issues), court management (court housekeeping, the organization and training of the legal profession, the structure of the court, litigation operation management and other content), the litigation-related factors of the judicial management (including mainly the management of the Prosecutor, investigation management, lawyer/notary management, court supervision of arbitration activities and other activities closely related to the operation of court proceedings) and other three major areas.
Finally, the broad scope and richness of judicial management determines that it is inseparable from "judicial reform", forming two sides of the same coin for the normal operation of judicial power. Concerning the judicial reform and judicial management of the connotation is closely related, the extension of the highly identical relationship, as well as between the two in the specific forms of expression of the existence of the break and stand, change and stability, mutation and gradual change, passion and rationality, dispersion and convergence of the nuances, the author will be a separate study, this article will not be unfolded (Wei Qunlin all rights reserved, plagiarism will be punished).