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Management Process
Editor:admin  Date:2014-08-18  Browse:10371 Text Size Print

The trial court's own management is the case throughout the proceedings of scientific, rational division of labor, coordination, specifications, supervision and guidance. Implementation of trial management system is adapted to the people's court "justice and efficiency" theme, an important part of establishing an open, fair, efficient, standardized and orderly trial operation mechanism. Scientific trials process management system to improve the quality of case handling of the people's courts and the work efficiency, enhance transparency and fairness of democratic justice plays a very important significance. However, the management of the trial process is a comprehensive, complex systems work, because when the constraint before judicial reform and management awareness by the trial process management is still at a low level. With the transformation of the socialist legal system, the continual emergence of new situation and tasks required to reform the old trial management, establish a good trial management order is to ensure that the entire proceedings of the People's Court of lawful, orderly and efficient manner causing operation. "People's Court of the Third Five-Year Reform Program (2009-2013)" clearly stated: "reform and improve trial management system, improve the rights and responsibilities clear, cooperate, and the efficient functioning of the judicial management mechanisms." Thus, the implementation of the trial process management is an important part of people's court of judicial reform, the application mode and operation mechanism of trial management process management meets the law is perfect and science, whether to adapt to the modern open, fair, efficient and democratic legal construction requirements. Therefore, the construction of a scientific trial management system should be based on program management as the center, relying on the trial process management, the case of Li, the trial, execution, monitoring scientific and standardized whole litigation process, the most for feature set with every aspect of clear specification consistent, and specific quantitative indicators and refinement, so that all aspects of the process smooth and achieve trial by administrative management tendencies into process management. 
     Key words trial workflow management 
     [Introduction] trial court's own management is the case throughout the proceedings of scientific, rational division of labor, coordination, specifications, supervision and guidance. Trial process management refers to the content and spirit of the provisions of procedural law based primarily, with the help of modern information technology, running through the filing of the case, scheduling, hearing, and concluded, archive different stages rational division of labor, clear responsibilities and management objectives , supervision and assessment indicators to determine the open way, fully integrated into the management of the trial to ensure that all aspects of the process by the special management oversight and link constraints under clear division of labor, closely co-ordinated state, in order to achieve a fair hearing of cases in the program level and efficient. The implementation of the trial process management system is adapted to the people's court "justice and efficiency" theme, the most important part of establishing an open, fair, efficient, standardized and orderly trial operation mechanism. The pursuit of value management is to ensure that the trial judge quality, standardized conduct of the trial, to improve trial efficiency, the rational allocation of judicial resources. Scientific trials process management system to further improve the quality of people's courts and case handling efficiency, enhance transparency and fairness of democratic justice. However, the management of the trial process is a comprehensive, complex systems work, along with changes in the socialist legal system, the emergence of new situation and mission requirements, the application mode and operation mechanism is consistent with the concept of the guiding ideology of the socialist legal system, whether the trial process management, law, and science is perfect, depends entirely on its judicial efficiency and social values reflected. Therefore, in the trial management work, should gradually improve and the formation of a scientific and rational, comprehensive trial management systems and have institutional system operability, thus promoting judicial process management work, the interests of justice and efficient. 
     First, the value of trial management system 
     (A) the implementation of scientific management of the trial process, that is, according to the basic principles of modern law and the fundamental principles of separation of powers, the opposition trial, trial monitoring, review and process management executive power and jurisdiction were isolated entity, through specific programs and management rules to configure resources judicial authority, judicial supervision of the use of the body, bound judicial process to run, evaluate the benefits of the exercise of power to prevent and correct the disorder and the power to run out of control. Each step of the trial phase and the trial process management will have to make the subject of litigation and the public can see, the various stages and procedures in strict accordance with the rules separately. After accepting the case according to law, the claims of both sides, reply comments, the evidence disclosed publicly the focus of controversy, contact the judge and the parties open, public trial and sentencing, avoiding black-box operation, minimizing the judge and the parties in private transactions, to protect the program openness and transparency. Trial Process Management as a trial program, which although not assume the responsibility to ensure judicial impartiality and efficiency, but on the formation and establish justice and efficiency, the credibility of the judiciary and judicial authority of the administration of justice have a certain role in promoting. 
     (B) the Supreme Court in the "People's Court Reform Program for five years," [a] clear that the trial process management refers to the content and spirit of the provisions of the main basis of procedural law, with the help of modern information technology, running through the filing of the case , scheduling, hearing, and concluded, archive different stages rational division of labor, clear responsibilities and management objectives, supervision and assessment indicators to determine the open way, fully integrated into the management of the trial to ensure that all aspects of the process in a clear division of closely co-ordinated state subject to specialized management department under the supervision and link constraints, so that case to a fair and efficient implementation of the program level. On the basis of realization of filing, trial, execution, separated from other functions of judicial supervision on the implementation of the case the trial process management, strengthen the judicial proceedings dynamic management and control, so that all aspects of the judicial work of mutual convergence, mutual restraint, to promote open trial, efficient and orderly manner, effectively avoid the kind of disjointed past, responsibilities are not uniform, the situation is fragmented. Through the use of scientific, systems, process-oriented mode of operation to manage and supervise the activities of the people's court trial, scientific allocation of judicial resources, strengthen the functions of management and supervision, improve work quality and work efficiency in order to achieve open people's court work, fair, efficient and transparent, so that the people's courts to show their legal, social, mass high degree of unity. 
     (C) As the trial process management role is legal constraints inherent factors, regulate the use of the program's reach to the exercise of power process, methods, scope specification. Clear division of labor in the process aspects, closely co-ordinated under state supervision not only by every aspect of special administration, but also by other aspects of supervision, which makes management from people management to the management mechanism to prevent the trial from human interference and intervention. [2] the trial process management is the process by virtue of the provisions and spirit of the relevant laws and judicial interpretations, rather than the manager's personal will, therefore, is a process-centric management essentially, is to manage the legal, management mechanisms, and executive management is essentially different. Trial process hearing is really just the way of innovation and standardized management under the existing management of internal court management system is to change a trial management mechanism, so that the trial process management proposed real value lies in the management of the trial judge in the legal system how to run, how to define, for the jurisdiction play a supporting, role in safeguarding decided, the dominant role, which outlines the case to the trial from the management autonomy gradual process. 
     Second, the status of the trial process management 
     Since the reform and opening up, China's rapid social and economic development, but this development is unbalanced, affecting different parts of the conduct of the court and the extent of the practice of judicial process management to explore, and some court carried out a bold reform and innovation, although there are more mature trial process management model. But the lack of material, technical support and experience accumulated experience in the promotion and operation of the system, making it difficult to play the role of procedural safeguards. Trial management system construction lack of theoretical research and practical experience, no rules no standards, play operation functions of any institution must be accompanied by appropriate management. From the date of the exercise of judicial functions as a court that is arising from the presence of management, but trial management has not received due attention. 
     (A) the scope of the trial process management is not clear. Trial management regulations have been initially established, but the classification of scientific, comprehensive, clear rules of operation of the system has not yet formed. In practice, the filing, the petition and monitoring process management unified classified as trial proceedings, the trial process management procedures and makes large and complex, can not play the proper management of the trial process management functions. As the trial management regulations are enacted relevant departments, such as process management, mainly developed by the court filing, the development of the case by the trial court Cha prison terms, most of the individual provisions for certain types of management issues, the lack of systematic classification, the lack of facilities, and some cross coincidence, some even conflicting. Thus, although the system more complex content, but lack the necessary coordination between the system and convergence, the impact of system operability and execution results. In addition, for some of the basic issues trial management system, such as the scope of trial management, nature, and judicial activities, such as the difference between contacts and understanding are not the same, that trial management activities could not cover the entire trial, trial management of trial auxiliary and security are not fully reflected. 
     (B) the institution is not clear. Set scientific functions, powers and responsibilities of the configuration is reasonable, can effectively assume responsibility for the implementation of the integrated management of jurisdiction has not been running relatively independent specialized agencies, the courts, although some sectors have been given some management functions, but it is the trial itself while still matters bearers, the lack of authoritative and functions based management. For example: In a large filing mode, by filing court is responsible for filing tracking management, but also bear the delivery, preservation, divisional, scheduling and other aspects of litigation management services. In addition, for the inspection and supervision functions are also cases of quality evaluation and pay court trial supervision, and supervision of the trial court to perform judicial oversight functions only legal way to program oversight, that the trial retrial of the case, so the quality evaluation of its participation in the trial against the prison discrete principle, while their own trial activity can not be included in the effective management. Currently, part of the trial court also established the Office of transaction management, transaction management office but the trial is not high authority, responsibilities are not clear, the regulatory office of the trial case management information into various departments lax supervision and not timely, just stay in the statistical analysis, case assessment investigation, process management, and other aspects of the regulatory notification form strong statistics, weak management of the situation, failed to play its due efficacy trial management. Therefore, to further clarify the functions of the position and role of trial management office. 
     (C) failed to really establish a systematic and comprehensive trial management information systems. Limited equipment, technology, personnel quality and other factors, at present, between the courts computer NMS development is not synchronized, you can not share information. Case flow management system and judicial system is not merged statistics, assessment clearance rate for a given period, the appeal rate, commuted remand rate, mediation rate and other judicial status indicators, focus only on the outcome of the trial supervision, neglect cases for the process of effective management, not strictly in accordance with the regulatory requirements of laissez-faire behavior enter case information, the lack of effective constraints. Meanwhile, some of some of the features integrated information system ineffective, resulting in incomplete information is generated, so that the trial court leadership and management of the various departments of the hospital business processes handling of court cases Bureau mastery is not timely, management and supervision is not in place. 
     Third, improve the judicial process management measures 
     Strengthening trial management, improve judicial process management measures is a necessary requirement trial management system reform, is the trial fair, efficient and orderly operation of the fundamental guarantee. [3] the trial run process management is the main clue to the whole case management, which means using technology to modernize the introduction of advanced management methods trial is the trial proceedings provisions for compliance and obedience, it processes each part of the term of the basic clues cases run more to pay attention to the legal constraints inherent elements. Make strict rules through all aspects of the deadline, so that all aspects of the trial work co-ordinated, effective control, enter the efficient and orderly operation of the benign state. 
     (A) scientific construct trial management system of rules 
     Both the trial process management supervision, and the trial of a service management processes and management tools. Therefore, according to the principles of management, the implementation of process control is an effective way to improve quality and efficiency. [4] The so-called process control, is the activities and related resources are managed as a process, the quality management system and dynamic processes linked to each other, to reduce costs and shorten cycle through the efficient use of resources, access to continuous improvement, harmonization and predictable results, and can provide a focused and prioritized improvement opportunities more efficiently achieve the desired results. Trial activity is a continuous dynamic process, to fully respect the judgment under the laws of the premise, according to the relevant provisions of substantive law, procedural law, the trial process to identify, establish a relatively complete system of norms of justice, so that every job have a clear responsibility positions or personnel, each a trial matters, every aspect of the trial work has a clear quality standards, time standards, and strive to objectively reflect the dynamic process of the trial of the actual situation, and then implement process control. And with the management assessment tools to strengthen the sense of quality and efficiency awareness judge handling the case with a view to progressively improve the quality and efficiency of the trial as a whole. Established in the trial process management assessment mechanism restricts management and incentive management combining the judicial process management mechanisms and incentives judge organically combine, process management and the trial judge job objectives, performance evaluation together, build and improve the appraisal of judges and judges judge the quality of the file archives, as assessment, evaluation and implementation of the trial judge, and the judge's assessment appointment, Jin Zhi promotion, Pingxianpingyou provide an important and objective basis. Thus the trial court for a perfect process management mechanism and ensure the quality and efficiency as well as the assessment of cases judges are very necessary, will be more effective incentive and encouragement to do the trial and execution of the work of judges, the ultimate protection effect execution. 
     (B) a reasonable set of trial management organization 
     Because the trial management is a complex system, there is a problem with a lot of links and links between the convergence between different departments of the trial process management, the actual operation of which will inevitably occur such as disputes and problems. In accordance with the principle of separation of judicial and administrative functions, the need to establish a special trial management organization, trial management office. [5] Trial Management Office shall be the daily offices of the Judicial Committee, the implementation of management functions of the Judicial Committee of the Judicial Committee must rely on the good performance of the judicial trial management office management functions in accordance with the resolution of the Judicial Committee of Management at the trial level It should be an intermediary and central, while in service, coordination, supervision, guidance, reporting and other means to communicate management information to the court room, the other side in order to service, reporting, analysis, suggestions and other means to report to the Judicial Committee of management focus. On the basis of the implementation of filing, trial, execution, supervision, and other functions trial phase separation, according to the different stages of the case in the trial process, the filing of the case, divisional, jurisdiction limits management, closing, and other aspects of the case file transfer supervision and coordination, so cases each part of the work of interrelated, integrated management system of mutual restraint. In particular during the trial process management, filing court primarily process information providers, managers rather than the process managers regularly and links to the various stages of the process are on schedule to complete statistical summary trial management organization for the decision, the case after filing , by filing court to track the entire process until the end of the trial. All civil and commercial cases for pretrial mediation work carried out under the premise of soliciting the views of the parties, effective and efficient for the people problem-solving, not conciliation court cases and timely distribution-related businesses, tracking the flow of cases, more than half of the implementation of trial periods reminders, trial periods less than one month supervision, inadequate trial periods two weeks warning, Chao Shenxian notification system optimization settled balanced management. Timely filing court also concluded each court room closed trial management report to the office, closing the office closed trial management according to the court filing submitted to adjust the division of the business court, staged diversion cases and other measures to ensure that the business court roughly balanced workload . Meanwhile, the court filing in the case of its own work processes should be included in the management part of the scope of supervision. Trial Management Office is the trial process management, quality evaluation of cases, the efficiency of the main trial quality assessment trial management system, assume the trial of the case to protect and supervisory functions. Trial Management Office as a mobile information center trial, the monitoring center, managed to clear the scope, responsibilities, responsible and report on the work of the president, the judicial committee, the next of filing, trial and execution of all aspects of the trial process and dynamic tracking information integration, efforts to strengthen communication and coordination between the various business units of the case file, diversion, all aspects of the trial, execution, delivery and other all-round coordination, monitoring, unified command, make full use of all resources, the formation program control of process management. Quarterly period of the trial court supervisor in charge of the investigation of cases comment on the conclusion of the rate of each and every judge's courtroom, tune sentenced rate, the appeal rate of Appeal commuted back rate, the remand rate, error rate assessment investigation, filing rate, etc. Comment on the investigation, trial management office for evaluation survey results ranking informed, and through coordination, inspection, assessment investigation, audit, reporting, management by objective assessment department to provide assessment information, etc. to prevent, detect and correct improper behavior during the trial, through the process tracking, assessment dossiers investigation, trial and other forms of communications, various types of information to collect, aggregate, and a quarterly time units to carry out the trial run trend analysis, to grasp the basic situation of the trial, the index data trends and problems, the trial right dynamic supervision, quality evaluation of the case by case analysis of the management of informed trial periods, commuted to remand the case and so the trial management information, forming a case jurisdiction limits informed, effective quality assessment briefing, case investigation informed commentary, trial situation after analyzing informed and timely reporting to the President and the Judicial Committee, the Judicial Committee of the formation of the resolution after hearing the reports from the trial implementation of the management department, to form a good functioning system, to achieve the comprehensive utilization of information on the outcome of the trial management, comprehensive operation and reflect jurisdiction configuration status, build quality trial data coordinate system efficiency indicators, construct trial "barometer." This will enable departments, each judge can pinpoint their location in the coordinate system of the entire work. Through the rational allocation of resources division of the trial and trial matters, matters relating to the trial judge completely out, so focus on the trial judge to ensure a fair and efficient implementation. 
     (C) the establishment of intelligent trial process NMS 
     Intelligent building management of the trial with a strong supporting role, is an important basis for the trial management. The use of scientific and technological means to enhance the trial court process management, relying on computer information technology, insisted on filing divisional stage random online at the same time the party submitting the complaint online registration and distribution of cases in this order, to eliminate cases of irregularities in the allocation process; implementation of filing, scheduling, divisional, hearing, all aspects of the referee, implementation, quality assessment investigation, the case file archiving information management, the implementation of the court handling the case of the "assembly line" to strengthen the management of case information jurisdiction limits warning, monitoring and other aspects of the process supervision, improve dynamic monitoring and promoting the application of information technology in the People's Court case information management. According to the conditions at the time of filing the main evidence Entry electronic files, rich flow of information, to lay the foundation for subsequent phases of the trial and efficient trial management. Construction of the court case information database, accelerate the construction of case information system, according to the law to keep open all kinds of appropriate trial information, transparency, and promote open justice. Timely upgrade of the network management system, the use of electronic data sharing, interoperability interoperability features of filing, trial, execution, archiving and other aspects of the work of information to track, control and sharing, systematic trial work, networking and automation management. Situation improved statistical methods People's Court of Justice statistical data collection, compilation, use the system software automatically generates all kinds of justice statistics courts at all levels to strengthen the judicial statistics of the authenticity, accuracy, let justice statistics objectively and comprehensively reflect the trial work and the development of law, improve justice statistics for trial and trial management decisions reference value. In case flow management system as the core, extending the coverage of network management. Case for network tracking, real-time monitoring of all types of cases closed case, filing, trial, execution, evaluation and other trial investigation process to implement network management, commissioned by online intermediaries selected for disposal of property involved in online tracking and management, for all the cases before the Court, including the implementation, bankruptcy, appeals, state compensation has not yet specified period of legal cases and matters of internal jurisdiction limits determined implementation period, automatic tracking. After the trial and the trial of Quality Supervision Auxiliary Services included in the scope of management in a timely manner to assess the quality of the case based on the information system input, analysis, supervision of the case sooner, so that the case before the case goes to monitor and supervise the case of supervision, case corrected promptly correct execution process to solve the dispersion of past management, ineffective supervision issues, the formation of a standardized, efficient and orderly working mechanism to promote justice and efficiency improved. To promote the network as a public trial, and strengthen judicial transparency and effective carrier, referee instruments online display, live online trial, online archiving system, relying on network technology to improve the effectiveness of trial management system to improve the transparency of trial activity, to eliminate the trial session the "black-box operation." 

     The case to the trial process management and process control entity judicial separation, the weakening of the judicial work of the executive management, which is a necessary requirement trial operation and management mechanism reform is conducive to the protection of justice, but also help to improve the efficiency of the proceedings. "Second Five-Year Development Program People's Court," [6] Supreme People's Court promulgated an explicit proposal to "establish and improve trial management organization system, a clear judicial management responsibilities, establish and refine the case proceedings, matters directly related to the exercise of jurisdiction management approach to improve the management, coordination mechanisms trial case management, government administration of justice, judicial personnel management between improving the quality and efficiency of judicial work. "Thus, the implementation process of trial activity management is a people's court of judicial reform an important part, is to adapt to the modern open, fair, efficient and objective requirements of the legal system of democracy. Scientific trial management is to protect and promote the people's court trial an important foundation for the implementation of scientific development and a strong thrust. Through systematic management, standardize handling processes, make the case from the time of filing to enter orbit orderly operation, improve the quality and work efficiency in handling cases. Build a scientific, comprehensive, and effective work characteristics consistent with the Court's trial management system, and constantly improve the trial process management system, the implementation of scientific operations, scientific allocation of judicial resources, strengthen the functions of management and supervision, adhere to strict, scientific, standardized, efficient and dynamic management the basic requirements to effectively promote the smooth progress of judicial reform, the promotion of the trial judge dutifully completed the mission, the people's court in favor of justice for the people carrying out the purpose of ensuring justice and efficiency of implementation. 
     [Notes] 
     [1] in 1999, the Supreme Court announced the first "People's Court five Reform Program", the "three discrete" (ie stand trial, trial monitoring, audit executive discrete) and the establishment of case hearing process management systems to document form to be sure, and require a reform goals. 
     [2] Liu Xuewen: a correct understanding of the work of the court filing a number of issues contained People's Court Press. 
     [3] Hu Xia Bing: trial management system reform Retrospect and Prospect of the law applicable in 2009 contained the first six. 
     [4] yellow construction: the trial process management and scientific research, contained Wuhan University of Technology Master's thesis. 
     [5] Shen Appearance: positioning and role of specialized judicial authorities in the trial management, load People's Court News. 
     [6] The Supreme People's Court "People's Court Reform Program for five years."

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