By Qing-Yun Jiang, Prof. Dr. Hans-Bernd Schäfer
Many nations, specially constructing nations, have skilled how tough it truly is to make their judiciary platforms functionality. courtroom delays, backlogs and uncertainty linked to unforeseen cout results have an effect on the standard of justice.
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Example text
284. Chapter 1 Judicial System in Developing Countries and its Problem 20 1999. 71 The inability to enforce court orders and decisions create the same problem as court delay, as the general public foresee the lower probability of law enforcement, they lose confidence in judiciary and distrust redress of suffering by the courts, consequently the demand for courts services diminishes and settling the disputes out of the court often substitutes the courts resolution. Summary of the Problems of the Judicial System in Developing Countries Generally speaking, increasing delays, backlogs and the uncertainty associated with expected court outcomes have diminished the quality of justice; the judiciary is faced with several obstacles, which include a dysfunctional administration of justice, lack of transparency and a perception of corruption.
13. Chapter 1 Judicial System in Developing Countries and its Problems 15 dependent on the local governments who provide salary, pension, and housing etc. Under such circumstances, the principles of judicial independence are often violated since it is easy for the administrative authorities to intervene in the decisions made by the judges in specific cases. Delay always occurs when the local government interferes with these cases. Weak job security and budget autonomy force the courts and judges to be reluctant to resist the intervention of the local governments and the administrations, because the local governmental administrations have strong discretionary power in personnel management and budget supply.
67 The size of the backlog for law enforcement amounted to 850,000 at the end of June decision if he is either not bribed or if both parties offer him the same sum of money. In the later scenario, parties are put in a game to keep their chance for a fair decision, the result is the increase of courts cost and demand for using court services will be reduced. , The Significance of a Well-Functioning Civil Law in the Process of Development, Paper presented at the Conference of the Latin Americans Law and Economics Association in Quito (Ecuador( June 15th to June 17th 1998, Manuscript, 1998, p.