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改革开放以来,中国法院经历了先高度分权、后轻度集权的变迁历程。改革开放初期,中央下放了司法机构设置权、人事编制权、经费保障责任和部分死刑复核权,国家司法能力严重分散。司法分权造成了严重的司法保护主义,法院又开始了集权化改革。部门法院、企业法院逐渐纳入国家司法体系;地方自定政法专项编制的权力被取消,上级法院的人事管理权加大;基层法院经费保障机制和中央政法专款补助制度初步建立;死刑复核权彻底收归最高法院;上级法院的机构监管权进一步加强。
Since the reform and opening up, the Chinese courts have undergone a vicissitude process of first decentralization and post-centralization. In the initial stage of reform and opening up, the Central Government decentralized the right to set up judicial bodies, the personnel establishment authority, the funds guarantee responsibility and part of the reviewing powers of death penalty. The judicial power of the state was seriously dispersed. Judicial decentralization caused serious judicial protectionism, and the courts started the centralization reform again. Departmental courts and corporate courts have gradually been incorporated into the national judicial system; the powers of local self-made political and legal systems have been canceled; the personnel management power of the higher courts has been enlarged; the funds guarantee mechanism for grass-roots courts and the special subsidies system for the central government have been initially established; Go to the Supreme Court; the supervisory authority of the higher court is further strengthened.