Study On Standards Relating To Appellate Courts

Every country in the world is confronted with the problem of judicial reform. Manycountries, such as the United Kingdom of Britain, the U.S.A. and Japan, have carriedthrough judicial reform. The reform aims to facilitate public access to judicial easily, toraise the efficiency of judicial trial, to maintain social equality and justice. In order toprovide more detail of the information used for reference for the judicial reform ofour people’s courts, we must study the Standards Relating to Appellate Courtsadopted by ABA comprehensively.Paper first discusses the historical backgrounds for the adoption of the StandardsRelating to Appellate Court by American Bar Association. I think, the American BarAssociation do it for three reasons mainly: First, Court of Appeal in the United Statesconfronts an enormous dramatical caseloads increase. Since World War II, the averagenumber of cases in the state applleate courts doubles every ten years. Federal applleatecourt also face the pressure of rapid growth in caseloads; Second, there are limitationsin U.S. federal political system.The state court system is complex and diverse, notuniform, there are a large number of parties interested in the choice of courtintentionally. Third, for the realization of the Federal equal protection and due processclause established by the Constitution of the United States of America, theimplementation must be specific and procedural justice.The second part of the paper briefly describes the American Bar Association’s workin the formulation and implementation of the Standards Relating to AppellateCourts.The American Bar Association is currently the world’s largest voluntaryprofessional groups. It may also be the world’s most powerful legal professionalorganizations. It provides for the accreditation of law school, the continuing legaleducation, and legal information. It also provides help to lawyers and judges for the job,and committed to promoting the judicial system. In order to let the readers understandthe American Bar Association better, this dissertation gives a brief introduction to itsmission and function. On that basis, it sets forth the basic circumstances of these threeStandards relating to courts adopted by ABA. It probes into the forming of the texts: itsorigin, composing, improvement and application. So we can have a collectivityimpression on the three standards, and have a macroscopical view on its functions. And,with time standards for the study object, the author gives a brief discussion on the implementation of the Standards Relating to Appellate Courts in the U.S.A. By theyear of2007, a total of14states fully or partially adopted the case processing timestandards established by the ABA. However, considering the limitations of data sourcesand selection of indicators and other factors, the actual use of them in the states shouldbe some more.The third part of the dissertation focus on the main rules in the Standards Relatingto Appellate Court.There are about100thousand words in the standards relating toappellate courts. The standards deal with many aspects of appellate courts, such asjudicial adjudication of appellate courts, the organization and management etc. Due toscarce of space and length, this article mainly discusses eight aspects of the appellatecourts, such as the structure and the organizational principle of appellate courts, thescope of appellate review and its grounds, assistance of counsel, decision-makingprocedure in appellate courts, the management of the appellate courts, case-flowmanagement, appellate court administrative services and facilities and appellate courttechnology. It gives prominence to the embodiment of advanced philosophy.In the fourth part of this paper, the author emphasizes the relationship between theStandards Relating to Appellate Courts and the current civil procedures. First, I give abrief description of the U.S.A. civil procedure.At present, civil procedure in the UnitedStates of America, both in comparative law or in the Law School’s instruction book,usually refers to the federal rules. Secondly, to the need for comparative studies, I makea brief description to the main rules of the Federal Rules of Appellate Procedure. Lastly,the author, focused on the relationship between the Standards Relating to AppellateCourts and the current civil procedural rules, particularly the relation between theStandards Relating to Appellate Courts and the Federal Rules of Appellate Procedure.An important feature of American legal system is that all non-criminal cases are tried inthe same court and basically applied with the same rules of procedure.“Civilprocedure” is refers to the legal domain of rules that deal with the non-criminal case.Through contrasting the Standards Relating to Appellate Courts with the FederalRules of Appellate Procedure detailedly, we discovered that both have the stressrespectively, may be the supplement mutually. Overall, the former’s stipulation are moreof principle, on the contrary the latter’s provision is more detailed, so it is advantageousfor the specific operations, and it is more technical.The fifth part of the paper mainly discusses the possibilities of using the StandardsRelating to Appellate Courts for reference by the people’s appellate court. Firstly, it gives a brief report on the backgrounds of the judicial reform in China. As theadvancement of our country’ reform, the judicial reform has gotten the attention of thenation and the CPC. The17th Communist Party of China (CPC) National Congress hasput forward the important decision to deepen the reform of the judicial system andworking mechanism. Further more, Central Commission of Political Science and Law,CPC. has brought forward the goal to ensure implementing a new round of judicialreform measures before the convening of the18th Communist Party of China (CPC)National Congress. However, the status quo of our judicial reform was not so desirable.Not only are there controversies in the concepts, but also there are all kinds of obstaclesin practice. Secondly, it analyzes the feasibility of using the Standards Relating toAppellate Courts for reference. The world’s two large legal systems have always beenlearning from each other. And there is basis for the two legal systems to study from oneanother. Further more, the economic globalization promotes the legal globalization. Andas the globalization process advancing quickly, the two major legal systems integratesobviously, so the common law will impacts our legal system more and more. Thirdly, itgives further analysis on using the Standards Relating to Appellate Courts forreference in six aspects. Finally, the author sets forth six pieces of advices on using thestandards relating to appellate courts for reference.