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Zhu Daqi & Li Shuai: The Construction of Judicial Budget Model from the Perspective of the Rule of Law

[ Abstract ] The judicial budget lies at the intersection of financial jurisprudence and research on the judicial system, so the setting up of a judicial budget should simultaneously meet the requirements of judicial rules and the rule of law in finance. At present, the Chinese judicial budget is embedded in the administrative budget. Such a system leads to an unfortunate situation that gives the government fiscal power over the judicial system and encourages the localization of judicial power. To bring the judicial systems fiscal powers into line with its actual powers and at the same time delocalize them, China should replace the currently used broader concept of the government budget with the concept of a public budget to allow the judicial and the administrative budget to be relatively independent of each other within the higher order concept of the public budget. At the same time, arrangements should be made for judicial budgets at the central and provincial levels. The expenditure of judicial funds should meet the requirements of actual judicial powers, and the guarantee of such funds should be appropriately titled toward base-level peoples courts.

[ Keyword ] The judicial budget; Financial jurisprudence; Public budget; Judicial power

(Editor: Liu Xiaoling)

 
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