Training Manual on Court Management Skills. Administrative Volume

Author: Zhao Lizhi
Publisher:
Publish Date: 2005-11-01
Features: The study of trial management capabilities has been relatively scarce in the past. With the strengthening of judicial capabilities by the People's Courts, research in this area has finally gained the attention it deserves. Although this book is a training manual, it is a specialized work on trial management capabilities and is the first of its kind to be published in the province, making it a truly commendable achievement. As the editor-in-chief of this book, I am both pleased and inspired by the prospect of engaging in discussions with judges who will use this manual in the future. I am reluctant to delay in contributing this preface.
Trial, as the central of judicial activities in the People's Courts, ensures the fairness and impartiality of the trial process and outcomes through the form of open trials. Through in-court examination and judgment of evidence, it lays the foundation for clarifying the facts and applying the law in cases. The form and function of trial determine its extremely important role in judicial activities. For a judge, the significance of trial lies in the fact that it is the primary and fundamental method of judicial work. The ability to manage a trial reflects a judge's judicial capabilities, which in turn directly impacts the quality and social effects of the trial.
Let's analyze this from another perspective. We often refer to law as the science of evidence, and what is most closely related to evidence is trial. The various propositions in evidence law need to be proposed and proven in trials, forming a logical relationship between theory and practice. If the theory is flawed, the practice will be difficult to implement; conversely, if the practice is hindered, it reflects a lack of theory. We can argue that without strict trials, there can be no rigorous law.
Relative to the People's Courts, emphasizing the role of trial pertains to institutional construction. Relative to judges, emphasizing the role of trial is aimed at promoting the improvement of their judicial capabilities. In the past, trials were considered the domain of the People's Courts, which downplayed the role of judges. As a result, few people studied the judges' ability to manage trials, including its attributes, connotations, and methods of cultivation and enhancement. Over time, the judicial work of the People's Courts has gone through trials and tribulations and has finally settled into a proper path. The people-centered judicial management philosophy has become the mainstream understanding, and we have finally realized that there are gaps in our knowledge that must be addressed.
The purpose of compiling this book is straightforward—to provide a textbook for filling these gaps. We sincerely hope that this textbook can point out issues and be practically applicable. Of course, it should also be revised and improved repeatedly in the future.
Trial management capabilities can be simply understood as the ability to strictly adhere to the procedural laws of litigation. This capability requires judges to know, understand, and master the law. The content of the third part of this book is specifically designed to serve this purpose.
Trial management capabilities can also be more complexly understood as analytical and judgmental abilities. This capability requires judges to possess a high level of comprehensive qualities, including a solid foundation in legal theory, legal awareness, law enforcement concepts, and related knowledge and experience in logic, psychology, legal philosophy, and other fields. Additionally, judges should also possess excellent qualities such as a calm mindset, organizational skills, and a tolerant attitude toward others. The fourth and fifth parts of this book specifically address and answer some targeted questions, offering guidance and practicality.
When discussing the personal qualities of judges, it brings to mind the ancient Chinese "Five Listening" methods for interrogations and the legendary exemplary judges and their classic cases. We admire, appreciate, and respect the historical achievements of all judges with moral integrity, a sense of justice, and wisdom. At the same time, we should also recognize that trial management capabilities are subjective thinking derived from practice and guiding practice. Since it is subjective thinking, its essence can be inherited while also being creatively adapted to the times.
I believe that knowledge transmission is about teaching people how to fish. This book aims to expand the readers' thinking space rather than impose rigid uniformity. Learn deeply, think profoundly, specialize over time—let us work together toward this goal.