（Abstract）

Chinese judicial reform must find its own way to proceed against present background. However，it seems that the Chinese judicial reform has much connection with the western judicial theories and practices and less connections with the Chinese specific situations. Is such reform too ‘perfect’？

Then what is the foundation of the independent trial？How to design and proceedthe Chinese judicial reform against such background？If we regarded the judges as the last defence for justice，it will encounter difficulties at theoretical，practical and traditional levels. The saintization and divinization of the judgesis impossible to realize at the present stage and in near future in China although it is exciting and sacred idea，since it is over ‘perfect’. Then what isitspractical significance？Therefore，we have to rethink if the present judicial reform is the best choice. I personally think that the Chinese judicial reformshall strengthen study on transformation，which requires an overall assessment of the ‘state-owned assets’. This will not only nourish a mechanism suitable for the development and the elimination，but also finalize transformation procedures and the related remedy measures. Against this background，the contents of the present judicial reform seem worth further studying.

The judicial budget is an aspect frequently ignored，partially because of its technology and partially because of inadequate view of its role in improving courtmanagement and transformation. In fact，the judicial budget is very important，which could estimate precisely the resources required for efficient（avoidance of wastes and low efficiency）operation of the courts. Thus it is one of very important economic measures to guarantee an effective and reliable judicial system.Education and training are important in developing an effective judicial budgetstrategy，whereas improvement of the quality of judicial judgments and case management efficiency are core objectives of the judicial budget.

Civil law countries and common law countries take different measures for makingthe judicial budget. However，majority countries guarantee positions and pensions of judges，and establish a judicial budget financial system protected by theirconstitutions. In the effective implementation of the judicial budget，five keyobjectives are crucial to the improvement of the court management system. Theyare，highest values reflected by spending the public money on judicial activities，best management staff and responsibility system for the judicial budget management，transparent and open judicial procedures，independent and self-regulating judicial organs，justice and fair judicial organs.

After a comprehensive and systematic analysis on the main scope，plan framing，budget and financial management about the judicial budget of the U. S. state courts and local courts historically，we can see that the reinforcement of the budget does not relates to the politics and ideology whereas it is feasible with increasing of the national revenue. Economic base determines superstructure.It seems that the success of the Chinese judicial reform shall start from strengthening of the budget，just like the success of the China reform started from the economic reform. The state centralizes line management for banking sector and industrial and commercial sector which are closely related to the national development，this is the first step of the reform. With smooth operation of the economicsystem and increasing function of the judicial sector，strengthening of the judicial operation shall be put on agenda.

The education and training of judges neither stand out like some specific judicial reforms nor produce immediate results，however，it is of vital importance.This is a specially outstanding issue when we look back after experiencing the judicial reform in the past years. ‘Developing China through Education’ put forwardduring May Fourth Movement still has practical significance. Of course，the education and training of judges is very difficult.

In recent years，with increasing development of introduction of Western Learningin the judicial field，different kinds of judicial exchange activities betweenlocal institutions and universities and foreign institutions and universities have become important initiatives for pushing forward the judicial reform and theeducation and training of judges. With improvement of quality of the judicialpersonnel and increasing of the judicial budget，it will get much easier to carry out the judicial reform.

In relation to the improvement of efficient and professional management of the courts，reduction of the judicial personnel（including judges）is an inevitable result of the streamlining government organs and elites policies，however，the judicial reform centered on equity out of efficiency relates to the whole system，notonly relates to judges but also relates to other persons and operational mechanism of courts. The hot topic of the present judicial reform is judicial equityrather than judicial efficiency，although the relationship between them is sometime discussed. Yet they feel not worth discussing the judicial efficiency and management or they do not know how to discuss them. The judicial efficiency and management is very important since it directly reflects the whole judicial system.Therefore，strengthening scientific management of courts and improving training of assistant staffs are increasingly important for the current judicial reform.The judicial reform shall start from the improvement of qualification of judges，and to integrate attitudes and expectations of the public，state and governmentfor the courts and judges，and to change it into initiatives for the judicial reform，and lay solid foundation for increasing role of the courts in future social development.

Translated by Ran Hao

Edited by Li Xixia