How to establish a scientific evaluation system of family trial work research materials

I. Definition of Trial Management

Trial management is the people's court's way of organizing, leading, guiding, evaluating, supervising, and restraining the trial work, making reasonable arrangements, strictly regulating the judicial process, scientifically evaluating the quality and efficiency of the trial, effectively integrating the judicial resources, and ensuring that the judiciary is fair, clean, and efficient. ①

Trial management is both a management activity and a management tool. Taken alone, trial management is a management activity aimed at ensuring judicial impartiality, integrity and efficiency. Put trial management into the court system as a whole, trial management is a management method of the court party group, that is, by the organization of trial operations, command, coordination, control and other activities, to achieve the management of the court's talent team, the integration of judicial resources, to achieve justice, integrity and efficiency, and to enhance the credibility of the justice of the purpose. At this level, the party group of the court is the decision maker, commander and policy maker of trial management, and the office of trial management is the specific implementer, coordinator and supervisor. Management object is the trial work, judicial process, trial quality and efficiency and judicial resources, specific trial work management object operator is the case officer, can also say that the case officer is the trial management activities in the implementation of the executor. At the same time, the case officers are also the managers of trial management, they decide the progress and quality of the case. Therefore, trial management is through the monitoring of the trial process, case quality assessment, trial node tips and other activities.

The challenges of trial management in the current situation

(I) Economic and social factors The 18th Party Congress put forward the grand goal of building a moderately prosperous society in all aspects of the country by 2020. In the next few years, the less developed regions in the west will quickly set off a large development, construction, development of the boom, into the economic and social development to catch up with the "fast track", the social contradictions will also continue to increase. In such a realistic background, the people's court how to play a functional role to adapt to the people's new requirements and new expectations of justice? As a national judiciary, must give full play to its functions, and strive to promote justice, openness, efficiency, integrity, and effectively shoulder the historical responsibility of escorting the economic and social development to catch up and leapfrog.

(B) the decline in judicial credibility

Lack of credibility of justice can not assume the due authority and effectiveness of legal relief, but also difficult to produce the image of legal justice and social justice. Credibility is the inherent logical requirements of justice and the guarantee of its vitality. ② Nowadays, the injustice of judicial cases lead to the people of the judicial credibility of the people to question, some of the people believe in the petition does not believe in the law, out of the problem, the first thing they think of is not to use the weapons of the law to protect themselves, but to find the leadership, to find the superiors. According to statistics from the State Bureau of Letters and Calls in recent years, the proportion of "decision-seeking" letters and calls is the largest among all types of letters and calls, and the proportion of law-related letters and calls among "decision-seeking" letters and calls has exceeded 30%. These figures fully reflect the serious problem of lack of judicial credibility.

(C) the emergence of new expectations of justice, new requirements

On the one hand, although the majority of people's awareness of the law is gradually increasing, but there are also many litigants half-knowledge of the law, which requires that the case officer not only to know what they know but also know the reason why, not only to understand the sectoral law, but also to the entire legal system, in order to make the parties convinced. Otherwise, it will exacerbate the people's distrust of justice, and thus put forward higher requirements for the comprehensive quality of trial personnel and judicial capacity than before. On the other hand, with the advent of the information age, the news media on the trial of public opinion propaganda and monitoring role is obvious, the people's demand for judicial openness and transparency and other urgent and strong, more concerned about the process of the case and the outcome of the trial, the trial of the work of the new expectations.

Based on the above analysis, to do a good job in the new period, under the new situation of the court trial management is of great significance.

Three, the trial management problems

Tongren city is located in western China less developed areas, for the trial management work carried out relatively late. In 2011, the city's two courts only began to formally set up a trial management office (so far, there are still individual grass-roots courts do not have an independent trial management management office), for the trial management work is inexperienced, the foundation is weak. Some old comrades and some business departments do not understand the trial management work, there is resistance, rejection of the mood, the trial management work does not cooperate. Therefore, we are still in the initial stage of this work. However, from the nearly two years of trial management practice, the city's trial management work since the launch, the results are remarkable. Through the implementation of trial management work, mobilized the work of the police enthusiasm and initiative, enhanced cohesion, so that the police will focus on law enforcement cases up. Through the quality assessment, case quality evaluation, trial process tracking, the formation of the first, you catch up with the trial business competition situation. Caseworkers on the trial nodes to grasp the enhancement of the case level has been greatly enhanced, the quality of the case has been guaranteed, judicial credibility has been strengthened, some of the long-delayed cases have been resolved thoroughly and effectively. Nevertheless, the trial management work there are still some problems, this paper on the trial management of the implementation of the problems to be analyzed:

(a) put the cart before the horse, depending on the means of management for the purpose of management

Mediation rate, the rate of withdrawal of the people's courts to a large extent can reflect the people's courts to resolve the people's internal contradictions, to achieve the case is closed, and achieve a good social effect of the indicators. Through the monitoring of the indicators, it was found that some grass-roots courts had a mediation and withdrawal rate of over 80%, which fully proved that the people's courts had carried out solid and effective work in resolving social conflicts. At the same time, the rate of application for enforcement of cases concluded through mediation in some courts was more than 20%. In the process of specific operation, some case officers on the one hand, in order to achieve a high rate of mediation in the assessment to get extra points, on the other hand, because of mediation cases do not need to write a judgment as troublesome and take risks. In order to the above two reasons, the case officer will do everything possible to facilitate the parties to reach a mediation agreement. Such as, intentionally make the case a long time, one party, especially the plaintiff in order to close the case as soon as possible, sometimes have to go against the true will, sacrifice part of the interests of the mediation agreement; judges often use "back to back" mediation method, but also revealed some drawbacks. This method will lose the neutrality of the judge, the judge is often in the mediation of the parties to the two sides through the transmission of asymmetric information, due to many parties do not have professional legal knowledge, for if you do not accept the mediation of the legal consequences of the lack of a clear understanding of the acceptance of the mediation in a confused manner, and later found that in fact, can be compensated for more, and can not be reversed, which is prone to give rise to new contradictions, and also prone to damage the credibility of the judiciary. This will easily give rise to new conflicts and jeopardize the credibility of the judiciary. The above situation shows that there is a considerable part of the mediation way to settle the case did not from the real sense of settling disputes, just one-sided pursuit of high mediation rate, high rate of withdrawal of cases and the conclusion of the case. The mediation rate and the withdrawal rate are treated as goals rather than management tools. Similarly, in other indicators, there are different degrees of data theory, the only indicator of indicator alienation phenomenon.

(ii) some case workers have resistance behavior

individual case workers on the trial management work is not enough understanding of the trial management work as a nitpick to find fault, individual judges to their own seniority, that some of the Office of Audit Management is not proficient in their own business, the level of their own high, not eligible for the business court cases to carry on " Finger-pointing", and thus there is antagonism and resistance. Individuals were found to be the quality of the case file problems of case officers to evade the problem, repeated sophistry, denying the problems found, unwilling to rectify.

(C) judicial capacity needs to be improved

One is the trial staff procedural awareness is not strong, the ability to improve the case. Some divorce cases directly skipped the mediation prior to the program; some cases of declared missing without investigation and verification to the declared missing person's domicile of all the places to issue a notice declared missing; some of the evidence in the file all the receipt of photocopies, did not receive the original, and so on.

The second is that the capacity of OIA personnel needs to be improved. Most of the OIA personnel are experienced in handling cases but not engaged in a long time in the specific trial business of the old judges and new young staff without trial experience. This combination of one old and one young will result in the old ones having experience but not having timely updated legal knowledge, or being engaged in the trial business of a certain department for a long time without being familiar with other work, or being unfamiliar with some new management methods, such as the operation of the online case handling system, due to their age. Younger staff members have the knowledge and ability to use some of the new office systems for statistical analysis, but lack the corresponding work experience. This also makes some people in the business units look down on the people in OAI and do not take OAI seriously.

(D) the OIA part of the personnel ideological awareness, responsibility is not strong

Individual comrades think that the OIA is a pension of the idle department, the case is done well with the bad and have nothing to do with their own, that is, the business court, do not have to bear the risk. Evaluation of the work is just to cope with it, not willing to exercise too much trial management powers, that will offend people, more than one thing is better than less. For example, there are cases of quality assessment notification of the same, due to each case file assessment of the problems are more or less the same, for example: the return of service is incomplete, the referee appeared in the wrong word, the parties did not indicate the name of the handprints, and so on. Therefore, some reviewers either casually look at a few files or simply do not look at the case quality assessment circular casually write a few common problems to cope with the matter. Even once the evaluation of the file has been clearly all the handprints, but still in the case quality assessment of the circular written on the handprints and so on.

Four, the reasons for the analysis

(a) indicators are not reasonable enough

Trial management will inevitably involve data and indicators, which is a necessary means. Because there is no obvious boundary between means and ends, in the actual pursuit of indicators, it is very easy to take the means as the end. The reasons for the high mediation and dismissal rates and the high rate of applications for enforcement of mediated cases are due to the excessive pursuit of the indicators. In order to increase the mediation and dismissal rates, case officers may adopt various methods to achieve their goals through both hard and soft tactics. The mediation rate is high, but the use of mediation to realize the end of the case and the purpose of the people and the case has not been achieved. The reason for the excessive pursuit of the withdrawal rate and mediation rate of these two indicators of value, because the indicators set up unscientific, did not set an upper limit for the indicators, which will lead to the case officers will be the pursuit of high indicators as the purpose, which will lead to the alienation of the indicators, and the setting of the indicators of the original purpose of the opposite. Therefore, in order to solve the problem of only data theory, leading to the cart before the horse, should be each indicator according to the specific situation of each court or a regional court system, set a reasonable upper and lower limit interval.

(ii) no incentives and penalties lead to a lack of monitoring

For the OIG found that the problem, the relevant departments and personnel is not to rectify, was assessed and found that most of the problems are almost the same period of time. Appeared to assess but not change, the root cause is not linked to the rewards and punishments, did not establish a relevant mechanism for incentives and constraints. This leads to the case staff continue to do what I do, the error still exists, the case quality assessment work in vain, the trial management objectives can not be achieved.

(C) weak cultural soft power

The most important reason for the quality of the file is the ability to improve the case. Case handling capacity is not high both in terms of overall level, but also in terms of individual capacity. Some caseworkers have work experience, but the theoretical foundation is not strong; some caseworkers have rich theory, but lack of practical experience. The court talent team shows polarization, the phenomenon of a serious shortage of youth, either with case experience of more than 40 years old judge, or with education but no experience of university graduates under 30 years old. The imbalance in the capacity of the talent team has resulted in the unevenness and overall lack of judicial capacity. The lack of cultural soft power is a reason for the lack of external judicial capacity of the court.

(D) the leadership of the trial management care and support needs to be strengthened

Some courts trial management office is not by a hand personally, but by the vice president of the sub-presidency, and the level of the Office of the Trial Management Office is the same level as the other divisions, and even some of the business division of the president at the same time is a member of the trial committee, than the director of the Office of the Trial Management Office of the level of the high, coupled with the individual business division think that he is the only one who is engaged in the trial of the long term In addition, some business divisions think that they have been engaged in trial work for a long time, and they are the experts in business, and they simply look down on the people of OATM. As a result, the implementation of trial management work was ineffective. Case quality assessment, individual reviewers are afraid of offending people, do not dare to seriously look for errors, attitude is not correct, the assessment is not serious, perfunctory, to find some fur, flaws, and even assessed some of the problems there is no error at all. There is a lack of awareness of their own thinking, but also the fear of seriously carrying out their work to offend colleagues, but can not get the leadership support, trust, so in order to self-preservation, perfunctory prevarication.

Five, countermeasures

(a) set up a reasonable indicator system to achieve scientific management

Any management should follow certain laws, trial management is no exception. Trial work has its own special features, trial management must be carried out under the premise of not violating the trial law. The use of quantitative analysis as a management method of trial management, opened the court management history of scientific management of the precedent, the effectiveness of the trial business by the past single qualitative analysis to speak with data, is a major advance in court management. Quantitative analysis makes all the results of the work can be demonstrated through the data, the data is more objective and fairer. But should also see too much reliance on quantitative analysis will also bring some disadvantages. Quantitative analysis is only a means, excessive use of quantitative analysis will only lead to the cart before the horse, the end of the matter. Quantitative analysis is mainly applied to the calculation of some natural science fields and the increase or decrease of economic benefits. Because the data itself is something objective and neutral, it is calculated by people, how to calculate, how to utilize in trial management is also operated by people, it is easy to fake. However, the trial work of the court is a mass work and a practical work involving fairness and justice. For the realization of fairness and justice only with the data itself can not go to fully measure and comprehensive perception. Whether justice and efficiency, social effect, legal effect and political effect are good or bad cannot be measured by simple addition, subtraction, multiplication and division. Of course, to a certain extent, indicators and data can assess the good or bad of trial work, but they are not the only means. Therefore, in trial management activities, we have to use quantitative analysis combined with qualitative analysis, for each indicator according to the different realities of each place, more flexible management, and at the same time set the upper limit and lower limit, and the upper and lower limits of the indicator according to different circumstances try to put more broadly. On the basis of the indicators, the focus of trial management is on the effectiveness of justice for the people. For example, some grassroots courts have narrow jurisdictions, small populations, and small numbers of cases, but the court's various institutions are essential. Then, the number of cases per capita and the number of cases per capita of the court should be appropriately lowered, otherwise it will form a natural unfairness. Each court should be authorized to adjust the corresponding indicators and indicator zones according to its own different circumstances. For example, the cases of the first and second civil divisions of the basic courts are generally more significant and complex than those of the sentencing courts, and the mediation rate of cases is generally lower than that of the sentencing courts. Therefore, between the various departments of the court should also be based on different circumstances to set the upper and lower limits of the indicators, will be the organs of the Civil Division of the mediation rate of indicators set lower than the people's courts, so as to be scientific and reasonable.

(2) Introducing a monitoring mechanism to establish a check-and-balance posture of power

Power that is not monitored and constrained will give birth to corruption and dictatorship. Shen Deyong, vice president of the Supreme People's Court, said, "Trial management is to regulate, guide, promote and serve the trial." It can be said that the trial management as one of the three major management of the court, in itself, is to introduce the supervision function into the court management activities. And within the trial management activities, should also be introduced into the supervision system, to avoid too much concentration of power and no supervision, resulting in power rent-seeking, and even corruption.

One is the introduction of reconsideration procedures. For the evaluation of the case of the problem, give the case handler 3-5 days to raise objections, if there is objection, by the evaluation of the person who filed an objection application and explain the reasons, and then by the evaluation of the personnel to form a review team combined with the objection application to discuss the evaluation of the issue of objectivity and truthfulness to give a reply, if the evaluated person is not convinced by the opinion of the evaluation team, you can will be to the trial committee to apply for the trial committee to finalize the decision-making. No objection or more than the objection period, then notification, the relevant personnel must be rectified, and the results of the notification as the basis for the year-end assessment.

The second is the evaluation and rectification of separation. Evaluation and rectification by two different groups of personnel operation, the formation of trial management internal power supervision and constraints, to avoid too much concentration of power, but also to facilitate the discovery of the evaluation of the problems that can not be found, to avoid the sharp contradiction, too focused on a particular evaluation of the personnel.

(C) the establishment of incentives and penalties system, change passive acceptance into active behavior

The evaluation of the personnel for the evaluation of the lack of enthusiasm, slack problems and the evaluation of the personnel do not rectify the problem of avoidance of the implementation of the system of rewards and penalties. When the evaluation of the evaluation of the case by the evaluation of the personnel were not evaluated to find out the problem, the effectiveness of the case and the quality of the better to give awards. On the contrary, the assessment of the problem is not actively rectified should be punished. "In the face of heavy reward will be brave", management should be through the distribution of benefits to regulate people's behavior, through the introduction of reasonable rewards and punishments mechanism, according to the nature of the people tend to profit and avoid harm, naturally, will make the managers become passive to active, the formation of a good situation of you catch up with me. If there is no corresponding reward and punishment system and measures, the trial management will appear pale.

(D) focus on the service trial, the implementation of humane management

To adhere to the concept of service trial, in the implementation of the process of trial management, management in place, and can not be overstepped, and can not interfere with the judge's right to trial in the name of management; respect for the laws of the trial, take into account the characteristics of the work of the trial, not only through the management of the judges to regulate judicial behavior, but also in the management of respect for the judge's We must respect the law of adjudication, give full consideration to the characteristics of adjudication, not only regulate the judicial behavior of judges through management, but also respect the rights of judges in management, and fully mobilize the enthusiasm and initiative of judges. Trial management work content is relatively broad, both traditional trial management content, but also information technology construction and other modern management tools, both macro control, but also micro guidance; in the system design, system implementation, management of scientific and technological means of realization of the work of the various types of resources needed around the management of effective mobilization and integration. Figuratively speaking, the staff of OATM is both a statistician, analyzer and forecaster, and a commentator, supervisor and servant. Trial management power from the party group and the trial committee's authorization, trial management office as the court trial work macro-management functions, to closely around the party group of the court to determine the center of the work, in order to strengthen the management, improve the quality and efficiency of the trial as the main line of innovation management, for the establishment of a scientific and efficient, in line with the laws of the judicial work of the operating mechanism to the party group of the court to make suggestions and provide decision-making references; OIA management office in the Court of Justice Trial management work pattern, is the trial committee, the president of the staff and assistants, is the top and bottom, connecting the hub of the parties; is the court specializing in trial management of the integrated trial business sector; therefore, to give full play to the trial management office of the role of coordination, communication, so that the various departments of the trial work to form a synergy. Trial Management Office for the personnel department to carry out trial performance appraisal and human resources allocation to provide objective, scientific and reasonable basis, to cooperate with the judicial government departments to do a good job in information technology construction, material resources allocation and other security work, *** with the promotion of the court management work to improve the level of management in general.

(E) the development of a unified standardized case trial process operating rules

For the case quality assessment process of the rectification is not effective, the assessment of the personnel not convinced of the problem, in order to reduce the contradictions caused by different standards, so that management, supervision, more rules, evidence-based, trial management objectives are clear, the implementation of the accurate, simple and clear operation to achieve the trial of the management of the scientific, may develop Uniform and standardized case trial process operation rules. Contain specific operating methods, operating standards. For example: volume binding, divided into different cases, what is the order of binding. Referee documents how to layout, font, line spacing, how to deal with special circumstances. Many procedures, forms of operation process to specific uniform written system.

(F) strengthen learning, enhance capacity, promote judicial credibility building

In the face of the decline in judicial credibility and the people's new expectations for judicial justice, to fundamentally improve judicial credibility, to meet the people's growing new expectations of justice. Must fundamentally improve judicial capacity, standardize judicial behavior, and promote judicial openness. Focus on the training of young and middle-aged police officers in judicial practice and judicial capacity, and strengthen the theoretical level of middle-aged police officers to further their studies. Regular exchanges will be held between those who handle cases and those who carry out trial management, so as to avoid the situation in which those who handle cases do not understand trial management, or those who carry out trial management do not understand trial business. Attach great importance to learning, and establish a sense of the big picture and the overall concept. Trial management personnel should understand both politics and business; they should strengthen their study of the scientific outlook on development and the theory of the rule of law of socialism with Chinese characteristics, comprehend the spirit of the Central Political and Legal Work Conference and the spirit of the instructions of the higher People's Courts, and profoundly grasp the mission and direction of the People's Courts' current work. It is also necessary to strengthen the study of trial business, especially the study of some newly promulgated laws, regulations and judicial interpretations, and constantly update their knowledge. To fill the trial management positions with excellent personnel who have rich trial experience, are familiar with trial work, have management ability, and are fair and honest. Only through standardized management, quality service, in order to create excellent judicial "products" to return the people's concern and expectations, in order to further enhance the judicial credibility of the people's courts.