县市基层中级人民法院改造论

The Alteration of Counties′ and Cities′ Basic Level and Intermediate Courts

国家审判权由国家法院统一行使,不能由地方分割,我国现行的县市基层中级法院隶属地方权力机关等法律规定不符合宪政原则。我国国家四级法院的设置和院长、法官的任命,都要遵从宪法、法律和职业自律等双重管理机制。建议在初审法院设置小额、轻罪法庭,适用法律原则与习惯审判,统一司法执行。

It′s national courts that enforce the national jurisdiction, which can′t be divided by locality. Some of China′s present legal rules that our counties′ and cities′ basic level and intermediate courts are in the care of local authorities, therefore, are in variance with the principles of its constitutional government. The setting of the national courts of four levels and the appointment of court presidents and judges must abide by the double management mechanisms of constitution, laws, professional self-discipline, etc. Small and misdemeanor courts should be set in first trial courts; legal principles and conventional judicial precedents should be followed, and judicial enforcement should be unified.