How to strengthen the trial management of people's courts

The full text contains about 4000 words of notes.

First, a new understanding of trial management.

(1) Misunderstanding or insufficient understanding: test management is not important.

What is trial management? When the word "management" is mentioned, people will have resistance. Similarly, at the grass-roots level, police officers of people's courts tend to position themselves as the ultimate administrators of trial management, which has a sense of conflict with trial management. This conceptual misunderstanding is the biggest obstacle that restricts the development of trial management at present. Under the guidance of misunderstanding, police officers do not study trial management deeply, resulting in little understanding of trial management, which leads to more serious misunderstanding that trial management is only the extra workload of judges and more serious fear of trouble.

Some police officers did not realize the importance, necessity and urgency of trial management, did not thoroughly study the main contents and specific requirements of innovation and strengthening trial management, did not know enough, were not sure, and did not study hard in combination with the actual work. This reflects that these comrades are used to considering issues from the local interests of individuals or departments, and have not really thought about how to seriously implement the work decisions of the party group from the overall situation of court work. Lack of understanding of the existing problems and lack of action have brought artificial obstacles to the trial management of the court.

(2) Correct understanding and systematic understanding: Trial management is the core of the court management system.

Trial management is not administrative management, but judicial management aimed at realizing judicial value. The starting point and destination of trial management is to ensure judicial justice. Trial is the central work of the court, and trial-centered management is the core of the court management system.

1, heteronomy and self-discipline. To strengthen trial management, we must improve management awareness. Management is a people-centered coordination activity. We should fully respect the main position of the police in trial management. It is necessary to put improving the quality and ability of police officers in a prominent position in trial management. It is necessary to strengthen the ideological work of the team. Man's consciousness determines his actions. It is necessary to find, deal with and solve the problems existing in the ranks of police officers as soon as possible, and guide, reverse and improve the ideological understanding of police officers in time through ideological work. Every policeman is both a managed person and a manager. To achieve good results in trial management, it is necessary to strengthen heteronomy and, more importantly, guide judges to strengthen self-discipline. Heteronomy is the guarantee of self-discipline, and all rules and regulations should be strictly implemented so that everyone is equal before the system. Heteronomy should be achieved by self-discipline. Strict management is only a means, and the ultimate goal is to enable judges to enhance their professionalism and sense of responsibility and consciously abide by various rules and regulations.

2. Managing cases and managing people in parallel. Trial management not only manages cases, but also manages people. Trial management, trial quality and efficiency management. Trial management is the management of cases first, but cases are handled by judges. Case management and person management are two inseparable aspects of trial management, which must be closely combined to promote case management. Starting with strengthening case management, through the evaluation of trial management and efficiency, and through case evaluation, judges are urged to enhance their awareness of quality and efficiency, constantly improve their judicial ability, and strive to improve their judicial style. From the aspects of strengthening judges' ideological and political education, professional training, assessment and punishment, we can enhance judges' consciousness of participating in trial management and improving judicial level, and promote the healthy development of case handling.

3. Management and service complement each other. Establish the concept that management is service. Trial management should serve the correct use and exercise of judicial power, grasp and understand the difficulties and problems in trial work in time, and put forward solutions and suggestions. Trial management is not only accountability, supervision and restraint, but also timely encouragement, such as the evaluation of excellent judgment documents. "Standardization, guarantee, promotion and service" is the proper meaning of trial management. Doing a good job in trial management will not only increase the burden on judges, but also give help and motivation to trials, which is conducive to alleviating the contradiction between more people and fewer cases, reducing the psychological pressure of judges in handling cases, and becoming a good assistant to the president and leaders.

Two, the implementation of the trial management system

Status quo: There are still some shortcomings.

At present, the trial management work is only the work of the trial management office, the person in charge of the court and the contact person of the court trial management. The vast majority of people's court judges did not really participate in trial management. There are roughly the following reasons:

1, the division of labor is not clear. As far as the overall situation of court personnel in China is concerned, the number is insufficient, the proportion is uncoordinated, the classification is unclear and the structure is unreasonable. Compared with trial assistants, there are too many judges, including too many redundant staff and too few trial assistants. In our country, the division of labor between judges and auxiliary personnel is unclear and their responsibilities are chaotic.

2. The traditional way of trial management is backward. Traditional trial management pays more attention to the static results of management, but not enough attention to the process of trial and the causes of problems. Rigid management is insufficient, and flexible management is more than enough. It is common that rules and regulations are not properly implemented. No orders, no rules. Emphasis is placed on post-trial management, lacking prior guidance and supervision in the trial process. The hospital director cares about the monthly judicial statistics report.

3. The leadership and management level is weak. In the face of brand-new trial management, leaders should first expand their management knowledge. If the relevant management knowledge is poor, it will be difficult to manage. In addition, leaders should be brave in management. If you are not confident in management, or you are hesitant about management, there will be no management effect.

4. Lack of management resources. The people's courts, as the grass-roots institutions of grass-roots courts, have few personnel, little strength, few available control means and very limited available incentive service resources. Under the restriction of objective conditions, people often make the system just a call and a slogan.

(b) Improvement measures: system management

The trial management of people's courts involves many subjects, links and aspects.

1, with clear division of labor and multi-level management. The people's court should be led by the president, fully mobilize the enthusiasm of the trial management subjects at all levels, make them harmonious, unified and balanced, and ensure the smooth realization of the overall goal of trial management. In the trial management activities of the people's courts, the quality, efficiency and effect of the trial must be managed through the hierarchical management activities of the president, presiding judge, judge and assistant. Clear division of labor, so that every post and every link of the trial has clear responsibilities, working standards and time limit. Form a joint force of management and realize the transformation of trial from subsection management to integrated management. Strengthen trial management with judges as the main participants and clerks as auxiliary personnel. Judges and trial assistants are clearly classified, managed and assessed respectively. The tracker is responsible for the whole process management of the tracked case. Up and down, left and right linkage, joint supervision, grasp the * * * tube.

2, macro and micro * * * grasp, implement dynamic management. Trial management has six basic tasks: case information platform management, case quality management, case quality evaluation, trial process management, overall judgment of trial operation and trial performance evaluation. The process of trial activities from filing to filing is a continuous and dynamic process, and each link is directly related to the quality and efficiency of the case. It is necessary to move the case quality management forward to all aspects of filing, even pre-litigation mediation and mediation, and extend it to execution, filing, and letters and visits, and put all aspects that are prone to problems into the focus of management. At the same time, pay attention to the macro-management of trial goal orientation. Give full play to the suggestion function of trial operation situation analysis and research on trial decision-making and the guiding role of trial experience summary on trial work.

3. Strengthen the target assessment and improve the incentive mechanism. We should insist on putting evaluation at the center of trial management. The assessment covers all trial links and every judge. Focusing on the trial quality, efficiency and effect, a series of indicators such as the closing rate, the average trial days, the withdrawal rate of civil cases, the appeal rate, the court decision rate, the court performance rate, and the mediation case entering the execution procedure rate are tracked in real time, analyzed regularly, and published in the hospital every month with judicial statistics. It is necessary to pay attention to the application of the assessment results, and take the assessment results as an important basis for evaluating first and selecting and appointing cadres. Regular evaluation, spot check evaluation, special evaluation, unified scheduling, up-and-down linkage and centralized cross evaluation. To carry out excellent cases, excellent documents and court trials, and make regular comments on work briefing.

4. Establish rules and regulations to promote management through systems. The people's courts should conscientiously implement a series of relevant work systems of the people's courts according to the requirements of their superiors and the needs of the situation and tasks, and carefully sort out the standardization work of planning courts. According to the implementation method of target management assessment, the task is decomposed into people. Implement one case, one evaluation and one measure. Everyone is responsible, everyone is responsible. Establish a prevention and control mechanism for social stability risk assessment of cases. The quality of legal documents directly reflects the quality of trial and the judicial ability of judges, which is related to judicial authority and judicial image. By improving the review mechanism of legal documents, defining the responsibilities of drafters, reviewers and approvers, as well as specific drafting, review and approval procedures, the system requirements of zero tolerance for low-level errors in legal documents are clearly put forward. Strengthen information learning. Trial management depends on information operation. People's courts should constantly improve the informatization level of court police. The people's court police should strengthen the exchange of advanced experience in trial management and the training, exchange and interaction of trial management personnel. Police officers should be familiar with the operation and use of the trial management system software.

Third, improve the scientific and technological level of trial management.

Information management is an important direction and development trend of trial management, and its level directly affects the improvement of trial quality and efficiency, which should be paid full attention to in trial management.

1. Improve hardware facilities and build a network management system. At present, courts at all levels in Jiangsu have basically completed the "three synchronizations" in the process of hearing cases. On this basis, by learning from the experience of advanced courts, the hardware equipment of the courts has been further strengthened. For example, an electronic file filing system is established, and written files are scanned into electronic files to improve the level and quality of handling cases. In addition, we should continue to explore and improve the electronic signature system to improve the efficiency of handling cases.

2. Clarify the scope of publicity and strengthen supervision inside and outside the trial. To improve the publicity of cases to the society through scientific and technological means, we should adhere to the principle of publicity, except for non-publicity. Except for matters involving state secrets, commercial secrets and personal privacy, and matters not stipulated by law, the trial progress, trial period and legal documents of the case shall be announced to the society and the parties in a timely manner through the extranet, and an external mechanism for supervision by the parties shall be introduced. At the same time, by setting the public authority, the scope of access of the president, vice president, president and trial management personnel of the court is clarified, so that trial management personnel at all levels can know the case information in time and strengthen the internal supervision mechanism.

3. Strengthen police training to meet the requirements of scientific and technological management. Through the internal and external supervision of police officers, at the same time, strengthen scientific and technological training in spare time and holidays, and establish necessary scientific and technological management skills and habits. Improve the network management regulations, strengthen the division of responsibilities between the undertaker and the clerk, timely proofread the trial electronic materials of the handled cases, and surf the Internet on time. According to the Civil Procedure Law, when a people's court cannot hold a court session, hear a case, make a judgment or make liquidation in time, it shall promptly remind the people's court. If there is no special reason, it will directly affect personal evaluation. Reward and punish at the same time to promote the organic unity of the quality and efficiency of police handling cases.