Court judicial assistant management system

First, the necessity of establishing a grassroots judicial assistance network.

1, the real dilemma of more people and fewer cases still exists and is on the rise.

In recent years, Cixi and Fenghua have experienced rapid economic development, complicated social interests, increasing diversification of stakeholders and frequent social disputes. At the same time, with the advancement of the process of governing the country according to law and the deepening of legal publicity, the people's awareness of rights protection has been significantly enhanced, and the concept of litigation has also undergone tremendous changes. The traditional litigation concept and litigation-weariness habit of "harmony is the most important" have gradually faded, and more people tend to go to court for litigation, resulting in a large number of disputes entering the court through litigation. In the past three years, the number of cases accepted by the courts in Cixi and Fenghua has remained high and increased year by year. Restricted by the establishment and other factors, the court's trial execution power has not increased significantly. At the same time, due to the retirement of judges and the transfer of personnel, the court's trial execution power is relatively weakened, which makes the court face a large number of practical contradictions in cases and bear heavy work pressure. In this regard, the court has strengthened internal management, diverted complex cases, and improved judicial efficiency. Judges have also adopted overtime methods such as "white plus black" and "five plus two", but the contradiction between more people and fewer cases is still outstanding. Therefore, it is of great practical significance to establish a judicial assistance network, make full use of various social resources and resolve contradictions with the help of external forces.

2. The effective participation of the people and social forces in the judicial process is insufficient.

The history of people's courts is a history of continuous reform and development. Driven by the judicial reform, although the quality of the court team has been significantly improved, the awareness of judicial standardization, specialization and stylization has been significantly enhanced, and the judicial efficiency has been greatly improved, the participation of grassroots governments and mass autonomous organizations in the judicial reform process is still relatively weak. In addition, with the continuous improvement of mass autonomy in rural communities, village cadres are generally elected by the masses through democratic elections. Some cadres are unwilling to cooperate with judicial work for fear of offending others. To some extent, this has led to the increasingly prominent problems in judicial practice, such as difficulty in service, investigation, mediation and execution. It has become a useful way for the people's courts to improve their work by establishing a grassroots judicial assistance network, obtaining the support of grassroots governments, village cadres, trade associations, social organizations and other social forces for judicial work, and allowing the people to actively and effectively participate in the judicial work of the courts.

3. The public's recognition of judicial reform needs to be improved.

The achievements of judicial reform have not been fully recognized by society. For example, while pursuing substantive justice, the people's courts attach great importance to procedural justice and the stylization and standardization of judicial procedures, and the trial process of cases is carried out in the courts. The stylization and standardization of judicial procedures not only realize procedural justice and guarantee judicial justice, but also make some people have the illusion that judicial affinity is gradually disappearing. For another example, some parties are bound by their own subjective values. Once the judgment results conflict with the expected results, they think that the court's justice is unfair and turn to petitions, hoping to change the unfavorable judgment results through petitions, which makes the number of petitions increase sharply. Another example is that in the enforcement case, some people who are executed refuse to perform their judgment obligations because they are dissatisfied with the judgment results, and even conflict with the enforcement judge. In some execution cases, because the person subjected to execution really has no property available for execution, it is difficult to achieve the execution effect no matter how to increase the enforcement. This was originally a risk in the process of execution, but the applicant for execution passed the risk on to the court, thinking that the court was ineffective in execution. At this time, individual parties vent their dissatisfaction through the media such as the Internet, accusing the judiciary of injustice and the judge of dishonesty. However, due to the indirectness, hearsay and value perspective of the evaluation information source, it is difficult for the public to make an objective evaluation, which makes the judicial injustice magnified, the judicial image degraded and the judicial authority damaged. How to further improve the social recognition of judicial achievements, for the people's courts, it is necessary to further intensify judicial reform, strengthen internal supervision and improve the reasoning of judgment documents. At the same time, through the establishment of grassroots judicial assistance network, we can improve the judicial environment with the help of social forces, show judicial affinity, and let the people really feel the fruits of judicial reform, which has also become one of our motives for establishing grassroots judicial assistance network.

4, the inevitable requirement of the judicial person.

China's judicial system is a socialist judicial system and should adhere to the people-oriented judicial principle. People-oriented justice requires us to adhere to the mass line in judicial work, combine judicial professionalism with mass, adopt various effective ways to let the people participate in judicial work, fully rely on the strength of the people to solve problems that the court itself is difficult to solve, rely on the strength of the people to promote the development of people's judicial work, and put the judicial work of the court under the effective supervision of the people. People-oriented justice also requires us to adhere to the purpose of serving the people, regard safeguarding people's rights and interests as the basic value pursuit of judicial work, adhere to the principles of justice being close to the people, facilitating the people, benefiting the people and benefiting the people, and take people's satisfaction and dissatisfaction as the yardstick for judging judicial work. The establishment of grass-roots judicial assistance network is to let the judiciary go deep into the masses, let the masses approach the judiciary, build a bridge between the judiciary and society, and then realize the benign interaction between the two, which is an inevitable requirement for the people's courts to implement the people's nature of the judiciary.

Second, the effectiveness of the implementation of the grassroots judicial assistance network

1, Construction and operation of grassroots judicial assistance network

In 2005, based on the fact that the court has a vast jurisdiction, a large population and few court cases, the Zhouxiang Court of Cixi established a system of specially invited people's mediators, hired legal workers from township judicial offices as specially invited mediators, and entrusted specially invited people's mediators to mediate on-site cases accepted by the court, such as marriage and family disputes, employee compensation disputes, neighborhood disputes, maintenance, and "three branches" disputes. The system of specially invited people's mediators not only alleviates the contradiction of too many court cases, but also facilitates mass litigation and reduces the cost of mass litigation. The system of specially invited people's mediators in Zhouxiang Court has attracted great attention of the party group of Cixi Court, and the party group of the court held a special meeting for this purpose. On the basis of summarizing the working experience of the system of specially invited people's mediators, this paper puts forward to build a judicial assistance network within the city. Under the unified arrangement of the party group of the hospital, the business court and the court of Cixi contacted the town (street) party committees under their jurisdiction, led by the town (street) party committees, set up judicial assistance contact points in the judicial offices, hired village cadres and rural economic and cultural talents as judicial assistants, and initially established a "judicial assistance system" led by the party committees, which was dominated by the courts, centered by the courts and supported by judicial assistance contact points, and spread all over rural communities.

With the strong support of the Municipal Party Committee and the government, Fenghua Court began to establish an execution assistance network in May 2007, set up a leading group for execution assistance coordination headed by the deputy secretary of the Municipal Political and Legal Committee throughout the city, and set up an execution assistance working group in towns (streets) with execution liaison offices. In July 2007, all towns and streets in this city completed the establishment of the executive liaison room, and set up the "People's Court Executive Liaison Room", equipped with the director of the liaison room and the subordinate executive liaison officers. So far, the enforcement assistance network of Fenghua Court has been initially established. At the same time, relying on the execution assistance network, Fenghua Court further developed the construction of legal document assistance service network and mediation trial judicial assistance network.

2. The effectiveness of the grassroots judicial assistance network.

(1) Assist in service and improve the efficiency of litigation.

The difficulty of delivery is a big problem faced by judicial work. Cixi is a strong economic city. The rapid development of the secondary and tertiary industries has attracted a large number of people to obtain employment. Due to the limitation of professional nature and working hours, most people are busy with their jobs on normal working days, while those engaged in agricultural production mostly work in the fields during normal working hours, which makes a large number of legal documents unable to be delivered by the postman because there is no one at home. When delivered directly, the court staff know little about the addressee, and often can't contact the addressee in advance through their own strength. When I arrived at the recipient's residence, because I couldn't contact the recipient, I couldn't deliver it, and the trial period of the case was extended. After the establishment of the grassroots judicial assistance network, the service work is assisted by judicial assistants, who are very familiar with the addresses and family members of the recipients. With the participation of judicial assistants, court staff can often find the recipient in the first time and complete the service task. Even if the addressee is not at home, the judicial rescuers help the court to deliver it at night, effectively alleviating the problem of "difficult delivery" by the court. Taking Fan Shi Court of Cixi Court and Xikou Court of Fenghua Court as examples, from 1 to 10 in 2009, judicial assistants assisted Fan Shiting to serve 98 times, with a success rate of 90%. From June 5438 to September 2009, judicial assistants assisted Xikou court to serve 87 times, with a success rate of 82.7%.

(2) Participate in mediation to improve the mediation effect.

Compared with the professional advantages of court staff who are proficient in law, most judicial assistants are mainly engaged in mass work and have long-term dealings with the masses. They have the unique advantages of knowing the regional situation, being familiar with rural rules and regulations and having high prestige among the masses, and have accumulated rich mediation experience in their work. At the same time, most of the judicial aid workers come from the masses, who trust them more and are more likely to accept the mediation scheme put forward by judicial aid workers. With the participation of judicial assistants, the mediation effect in the trial of cases in Cixi and Fenghua courts has been improved, and the withdrawal rate is ideal. Beijing real estate lawyer, Beijing criminal lawyer, Beijing real estate lawyer, Beijing criminal defense lawyer, Beijing law firm, Beijing Fengtai lawyer, Beijing Haidian lawyer, Beijing Chaoyang lawyer, Beijing Xicheng lawyer and Beijing Dongcheng lawyer.

(3) Assist in execution and improve execution efficiency.

For the person subjected to execution, the direct execution of his property has a more direct impact on his interests, so it is easy to have resistance to execution. If the person subjected to execution avoids seeing the court's notice of execution, he plays hide-and-seek with the person subjected to execution; Transfer hidden property; When the person subjected to execution seized the property under execution, the person subjected to execution and his relatives and friends prevented execution in various ways, and some even threatened to commit suicide and self-harm. In the course of implementation, violent resistance to the law and siege of law enforcement personnel also occur from time to time. After the establishment of the grassroots judicial assistance network, the court established a case communication mechanism with the judicial assistance department, informed the judicial assistance personnel of the implementation of the case, and collected information such as the whereabouts, property status, creditor's rights and debts of the executed person through the judicial assistance personnel; After learning the relevant information of the executed person, the judicial assistant promptly informed the court, and the executor made the execution plan accordingly, which was highly targeted and greatly improved the execution efficiency. At the same time, the person subjected to execution can understand the customs and habits of the place where the person subjected to execution is located and the interpersonal relationship of the person subjected to execution through judicial assistance personnel, so as to avoid conflicts in execution. In the event of a conflict, judicial assistants can also intervene in time, use their local prestige, inform the person subjected to execution of the consequences of resisting execution, and persuade the person subjected to execution to consciously perform their obligations. With the assistance of judicial assistants, the number and rate of cases in the courts of Cixi and Fenghua in recent three years are at a high level.

(4) Strengthen mass supervision and standardize judicial behavior.

With the establishment and operation of the judicial assistance network, the vast number of judicial assistance personnel actively participated in the court's trial execution, integrated judicial work into the masses to the maximum extent, established smooth and fast channels for public opinion expression, and ensured the effective exercise of the masses' right to know, participate and supervise judicial work. Through the bridge and link of judicial assistance network, the court trial execution work is brought into the field of vision of rural cadres and masses, which increases the transparency of judicial work, urges the court to pay more attention to standardizing civilized justice, and then promotes the team construction and management of the court. In the process of assisting the judicial work of the court, judicial assistants can also have a deeper understanding of the court's work, find out the shortcomings and problems in the court's work, put forward opinions and suggestions in time, and feed back the opinions and opinions of the masses to the court in time, so that the court can take targeted rectification measures, improve its working ideas and style, and improve its work efficiency.

(5) Improve the judicial environment and maintain social harmony and stability.

Judicial assistants generally have high prestige among the masses, and the development of judicial assistance has improved the legal literacy of judicial assistants, thus further improving their prestige among the masses. When there is a dispute, judicial assistants can intervene at the first time, fully understand the dispute by listening to the complaints of the parties, and persuade them in time to alleviate the intense emotions of the parties and avoid further intensification of contradictions and disputes; Provide legal advice to the parties, help them analyze their demands, urge them to solve disputes rationally, and carry out mediation work on this basis, so that most disputes can be handled before litigation. Even if the dispute mediation fails, the preliminary work of judicial assistants will help the parties to establish an economic and rational litigation concept, reasonably determine the litigation objectives, correctly understand the litigation risks, and stop insisting on unreasonable litigation requirements and tough litigation positions in the litigation stage, so that the litigation can be carried out in a harmonious environment. For the parties who refuse to accept the judgment and have the tendency to petition, judicial assistants should keep abreast of their ideological trends and feed them back to the court. After the judgment, they should help the court answer questions, guide the parties to make rational cognition and judgment on facts and laws, persuade the parties to give up their petition thoughts, and maintain social harmony and stability.

Three. Problems and shortcomings in the operation of grass-roots judicial assistance network

As the people's court's exploration of upholding justice for the people and integrating social resources to meet the people's judicial needs to the greatest extent, the grass-roots judicial assistance network has achieved good results in its operation, but there are also some problems and deficiencies.

1. The attention and support of Party committees and governments need to be further strengthened.

The establishment and operation of the court enforcement assistance network in Cixi and Fenghua have been highly valued by the party committees and governments of the two cities. The Municipal Party Committee Office and the Municipal Government Office of the two cities respectively formulated relevant documents for the construction of the execution assistance network, which played an important role in the construction and development of the execution assistance network of Cixi and Fenghua courts. However, enforcement assistance is by no means the whole of the judicial aid network. Generally, the courts take the initiative to contact grass-roots governments, mass autonomous organizations and other units of the judicial assistance network, which limits the further expansion of the judicial assistance network.

2. The composition of assistants is single, and the "official color" of the network is too strong.

Judging from the composition of judicial assistants, most of the current judicial assistants are township (street) judicial administrators and village cadres, and the composition of judicial assistants is relatively simple. Although there are a few social, economic and cultural talents and members of trade associations among the judicial assistants, it has not changed the feature that the proportion of "officials" in the judicial assistant network is too heavy. In the eyes of the masses, both judicial administrators and village cadres are obviously "officials", and the resistance to "officials" has greatly affected the function of the network.

3. The community has insufficient understanding of the judicial assistance network.

The propaganda work in the construction of judicial assistance network is insufficient, and the people have not fully realized the value and function of judicial assistance network. In the eyes of many cadres and masses, the judicial assistance network is just a measure taken by the court to deal with many cases and reduce the pressure on the court. For the grass-roots government and the public, it is to assist the court to carry out judicial assistance and help the court decompress. In fact, many township (street) grass-roots organization leaders and judicial assistants still know something about the judicial assistance network, but they don't know enough about its functions of promoting judicial harmony, improving judicial authority, reducing contradictions and disputes, and realizing social stability, which makes the construction of the judicial assistance network a "hot topic" for the court, and the judicial assistance work has not really achieved the whole society.

4. The professional quality of judicial assistants is not strong, and the ability of judicial assistance needs to be improved.

The judicial assistance network not only relies on social forces to complete judicial assistance such as serving legal documents, but also pays more attention to using social resources to effectively solve various disputes and maintain social stability and harmony, which requires judicial assistance personnel to have corresponding legal professional qualities. However, most of the current judicial aid workers are not legal persons, and their legal expertise is limited. In particular, the village-level judicial assistance personnel are basically village security personnel and mediation directors, and their legal professional knowledge is very lacking. Although the court also conducted some necessary professional training on this issue, due to the lack of institutionalization of training, especially the lack of targeted and practical training, the problem of low legal professional quality of judicial aid workers has not been solved.

5, lack of funds, and the assistant's enthusiasm is not high.

The development of judicial assistance will inevitably consume a certain amount of time and energy, resulting in a certain amount of expenses. Most judicial assistants help the court work free of charge. Since the court has no special funds to guarantee judicial assistance, when the unit where the rescuer works cannot subsidize, the expenses incurred in the rescue process can only be borne by the rescuer himself. In addition, judicial assistants have their own jobs. When there is a conflict between judicial assistance and their own work, the enthusiasm of judicial assistance personnel will naturally be affected. The problem of funding guarantee has become another factor that restricts the function of judicial assistance network.

6. The assessment and incentive mechanism failed to follow up in time.

After the establishment of the judicial assistance network, the corresponding assessment and incentive mechanism failed to follow up in time, and the management of judicial assistance personnel was in a disorderly state. Although most judicial aid workers can actively carry out judicial aid work, a few people are not active enough or even take an evasive attitude towards judicial aid work. The lack of assessment and incentive mechanism makes it difficult to distinguish the work performance of judicial rescuers and affects the enthusiasm of rescuers.

Fourth, improve the grassroots judicial assistance network.

The construction of judicial assistance network is not a one-off event. Since its establishment and operation, it has achieved good social effects, but there are also some shortcomings that need us to constantly improve. We believe that the following aspects need to be done well:

1, expand publicity and win support.

The leadership of the Party Committee is the premise and guarantee of doing all the work well, and the establishment and operation of the judicial assistance network is no exception. In view of the fact that many cadres and the masses do not fully understand the purpose and function of the judicial relief network, it is necessary to strengthen the publicity of the judicial relief network, carry out in-depth and meticulous publicity activities, change people's understanding of the judicial relief network, win the attention and support of the party Committee for the construction of the judicial relief network, and establish a judicial relief network with unified leadership of the party Committee, government support, court leadership and participation of the whole society. Beijing real estate lawyer, Beijing criminal lawyer, Beijing real estate lawyer, Beijing criminal defense lawyer, Beijing law firm, Beijing Fengtai lawyer, Beijing Haidian lawyer, Beijing Chaoyang lawyer, Beijing Xicheng lawyer and Beijing Dongcheng lawyer.

2, optimize the composition, strengthen training, and build a capable judicial rescue team.

The selection and appointment of judicial assistants should meet the needs of judicial assistance. The diversity of parties and disputes requires that the selection of judicial assistants cannot adopt a single standard, which requires us to change the current situation that judicial assistants are mainly township judicial administrators and village cadres, and enrich and optimize the composition of judicial assistants. By expanding the proportion of representatives of trade associations, members of intermediary organizations and social, economic and cultural talents among judicial aid workers, the professional diversity, role diversity and representativeness of judicial aid workers can be improved, so as to carry out effective judicial aid work for different parties and disputes. At the same time, attention should be paid to strengthening the professional training of judicial aid personnel. In view of the typical problems in judicial assistance work, special training sessions and legal lectures are held, and judicial assistance personnel are invited to participate in court trials and observe, and timely intervene in mediation activities hosted by judicial assistance personnel to enhance the pertinence and effectiveness of training and improve the legal professional quality of judicial assistance personnel.

3. Set up a special fund to strengthen the financial guarantee of the judicial assistance network.

The establishment and operation of the judicial relief network need corresponding funds, but the working funds of the court can not meet all the needs of the judicial relief network, and the problem of insufficient funds has seriously affected the operation of the judicial relief network. In this regard, we should strengthen communication with government departments, strive for government financial support, set up a special fund for judicial assistance, and incorporate it into the court's work funds. The court should give corresponding economic subsidies according to the workload and work performance of judicial assistance personnel.

4. Establish a scientific and standardized assessment mechanism.

Scientific and standardized assessment mechanism is the key to a virtuous circle of incentive system. We should also establish a scientific and standardized judicial assistance evaluation mechanism. Specifically, judicial assistance can be included in the scope of comprehensive management of local society. The court will make suggestions to the Comprehensive Management Committee according to the working attitude and effectiveness of the judicial aid workers, commend the conscientious and responsible judicial aid workers, and criticize and educate those who are slack in their work or even unwilling to provide judicial aid, so as to form a working situation of striving for excellence and promote judicial aid to by going up one flight of stairs.