建立中国的治安法庭制度——司法职权优化配置探索

Establishment of Chinese Magistrate Court——On Optimization of Judicial Structure of China

我国现行的司法职权配置存在着一系列的结构性问题,在实践中难以解决。本文介绍了国外的有益经验,提出了优化司法职权配置的具体设想——建立中国的治安法庭制度,收回法院应有职权。同时,从治安法庭应当具有的职权,到如何建立治安法庭制度,再到治安法庭的具体办案程序等三方面设计了大量新颖可行的制度。

Based on current judicial power optimization,this paper studies and discusses establishment of Chinese Magistrate Court.Magistrate Court is a judicial organ of British-American genealogy of law.The powers of a magistrate court are the necessary powers which should be given to a judicial organ besides the power of trial.In China,however,such powers are given to the police and the procuratorial organ impertinently.China＇s present judicial power allocation has a series of structural problems which are difficult to be solved.In order to optimize judicial structure of China,the author advocates establishing Chinese Magistrate Court to retake the power which the court should have after introducing foreign experience.Then,the author designs a series of new and feasible methods to solve the specific problems mentioned from the power which Chinese Magistrate Court should have to how to establish a magistrate court in China and the concretely working procedure of a magistrate court.