张 怡，李 悦
The Legal Structure of the Judicial Budget under the Response Theory
Abstract: The reform of judicial finance system, which is characterized by judicial fund support "provincial unified" , is faced with a dilemma of unclear approaches, so it is urgent to seek appropriate, self-consistent and feasible institutional arrangements for the forthcoming reform of judicial budget system. By invoking the theory of "responsive budget" which covers the field of legal finance and public finance discourse, this paper tries to prove the rationality of our country's judicial budget governance with two-level entrusted mechanism under the premise of adopting differentiated judicial budget system. Specifically, based on the division of power rather than a "separation" of state power configuration, continues the existing "center - province" double level for ensuring adequate funding for the judicial reform efforts, together with the court expenditure responsibility should fully meet the objective need of judicial powers, judicial fiscal system reform on the budget law explicitly limited independent judicial budget system, and then set up by the court the collection of judicial rights after the provincial court judicial budget management mechanism.
Key words: responsive theory, judicial budget, double-level entrustment, budget management, legal structure