司法行政权配置探微

司法行政职能配置是否合理,不仅直接影响司法与行政的关系,而且与司法的公正性、独立性和效率息息相关。为革除现行司法体制中司法行政化和地方化的"毒瘤",当务之急就是重新配置司法行政权。横向上,应该把司法机关的具有公共性质的司法行政事务剥离出来,由司法行政机关统一行使,让司法机关轻装上阵,专心司法。纵向上,先将其统一到中央和省两级司法行政机关较为现实。

Exploration into the Allocation of Judicial Administrative Power

The rational allocation of judicial administrative power does not only directly affect the relations between the jurisdiction and administration, but also is closely connected with fairness, independence and efficiency of the judicial system. In order to effectively get rid of the "tumor" of localization and administrationization of the judicial system, it is of pressing necessity to re-allocate the power of judicial administration. Horizontally we should strip off the administrative functions of public nature from the judiciary, so that they can exercise judicial power attentively. Vertically we think it is more realistic to retain the power of judicial administration in the hands of judicial administrative department at both central and provincial levels.