Research On The Circuit Trial System In Ethnic Areas

The circuit trial is an important judicial system.In ancient China,imperial commissioners and censors,on behalf of the emperor,supervised local officials and the trial cases throughout the country,which can be considered as the original source of the modern trial system.The current implementation of the circuit trial in China originates from "Ma Xiwu trial" in the Shaanxi-Gansu-Ningxia Border Region,and it has experienced development and desalination since the founding of new China.With the new round of judicial reform,the circuit trial has been implemented to a considerable degree in many areas of our country,and it goes to prosperity after desalination.In particular,after the fourth Plenary Session of the 18th CPC Central Committee,there was an unprecedented increase in the degree of concern for the circuit trial.Up to now,the Supreme People's Court has set up six circuit courts nationwide.In August 2015,research seminar on the four principles of circuit trial of Supreme People's Court was held in Xilinhot,Xilin Gol League.Circuit judges of Grass-roots People's Courts from all over the country gathered around to discuss their regional circuit trials.During this meeting,trial experiences in Xilinguole League were promoted to courts nationwide as a typical example,which attracted wide media attention.The author had the honor to attend the meeting,during which not only did the author learn from representatives about the measures and experiences of implementing circuit trial in the Grass-roots People's Courts,but also the author realized the important role of circuit courts in the process of promoting legal modernization.For these reasons,it is of great theoretical and practical significance to conduct research on the current circuit trial system,especially the implementation of the circuit trial system in minority concentrated region.In recent years,with the establishment and improvement of the socialist market economic system,grassland use rights are contracted to households,and the pastoral livestock is self-employed by the herdsmen.Economic exchanges between herdsmen continue to increase,so the disputes in pastoral areas have entered a relatively high incidence period,with constant increases in number and complexity of disputes.The demand for dispute resolution is also expanding,and people need more convenient,efficient and fair dispute resolution.The existing "sit and ask"type of trial is difficult to match with the actual situation of sparse population,residential dispersion and traffic inconvenience in pastoral areas.Thereafter,it is bound to require the improvement of the current trial model,while the circuit trial is effective response to the difficulties faced by China's Grass-roots People's Courts.The circuit trial is a practical research topic,and the study of the circuit trial in minority concentrated region requires a thorough understanding of the circuit trail in the Grass-roots People's Courts of minority concentrated region.The case selected in this thesis-Abagaqi,Xilin Gol League,located in the middle northern part of Xilin Gol League of Inner Mongolia Autonomous Region,is a Mongolian-centered animal husbandry banner county.In order to further grasp the status of the implementing trial system in the minority concentrated region and to explore and summarize the problems in the implementation process,the author came to the people's court in the banner twice for field research.During 2011-2015,the author collected relevant research data of Abagaqi People's Court,such as the number of new cases received by the court,the type and the way of closure and so on.The author followed the court judge to the pastoral areas to carry out circuit trial four times,acquiring a large number of archives,real cases,communication and interviews.Then,based on the current status of circuit trial in Grass-roots People's Courts in minority concentrated region of our country and circuit court cases in the recent five years,this study analyzes the plight and problems of the existing circuit trial system.On this foundation,this thesis provides some suggestions for the improvement of the circuit trial system in minority concentrated region,so as to further promote the long-term development of the circuit trial system and provide advice and suggestions for improving China's legal system theory relevant with national minority.Apart from the introduction part,this dissertation can be divided into five chapters:The first chapter introduces relevant theories of circuit trial system,analyzes circuit trial's conception and features and analyzes the difference between the circuit trial court set up by present Supreme People's Court and the circuit trial court studied in this dissertation in detail,and discussing the meaning and value of practicing circuit trial system in minority concentrated system from perspectives of solving difficulties in instituting lawsuits,solving disputes in minority concentrated region,being suitable for features and geographical characteristics of minority concentrated region promoting local construction of legal and maintaining social stability.The second chapter investigates and analyzes the history of circuit trial system in China as well as the origin and development of circuit trial systems in the United Kingdom and the United States.This chapter also briefly introduces judicial explanation and regulative files of circuit trial published by Supreme People's Court since 2004 and setting conditions of the circuit trial court of Supreme People's Court and the circuit trial court of the grass-root court in Inner Mongolia Autonomous Region.On this basis,this chapter reveals the differences existing in aspects of circuit trial court's operating mode,electing the judge,trial effect,purview of authority and relationship with Supreme People's Court between the UK,the U.S.and China.The third chapter analyzes the status quo of implementing the circuit trial in grass-roots courts in minority concentrated region in detail and briefly introduces the origin of the name "the Abga Banner",local population and natural environment.Focusing on the operating mechanism of circuit trial system of people'court in this banner,this part analyzes the basic conditions of circuit trial system from perspectives of setting condition and case dealing condition and vividly presents the quantities of accepted cases,types and closing ways in the Abga Banner People's Court and circuit trial court from 2011 to 2015 with a diagram.At the same time,this chapter summarizes the effect gained since the implementation of circuit trial system from six perspectives:continually improved judicial credibility,full representation of the aim "justice for the people",full protection of litigants' right,promotion of the development of intermediation work,satisfying people's needs to knowledge,colorful approaches of legal promulgation.Basing on the empirical analysis of circuit trial of Grass-roots People's Courts in minority concentrated region,the fourth chapter dissects the existing problems of the circuit trial system in minority concentrated region.This chapter is elaborated from three aspects:1)the lack of legislation and safeguards of the circuit trial system,which is demonstrated from the expanding scope of acceptance,the indeterminacy of incentive and disciplinary measures for judges,as well as the deficiency of personnel and material support.;2)the existing problems in the practice process,analyzed from the lack of long-term cooperation mechanism with grass-roots organization,the low degree of standardization of Mongolian and Chinese bilingual trials,as well as the conflicts between the circuit trials and current legal system;3)the special difficult problems of circuit trial court,analyzed from the types and causes of the disputes on the grasslands,as well as the difficulties of hearing cases.The fifth chapter discusses the problems in improving circuit trial system in minority concentrated region in China and puts forward with specific suggestions.As for lacking of protection measures in prosecution,the author suggests to solve the problem by making the acceptance range of cases clear,constructing and improving supervision and punishment mechanism as well as setting up the personnel and material security mechanism;as for the dilemma trapping practical operation,the suggestion is to construct new circuit trial system featured with minority characteristics suiting minority concentrated region,continually strengthen the linkage mechanism with grass-roots organizations,regulate bilingual trial in Chinese and in Mongolian,properly deal with the conflicts between the circuit trial and modern rule of law;as for the difficult problems in circuit trial,the suggestion is to ascertain the accepted case range of grasslands conflicts and then identify the fact comprehensively by taking several aspects into consideration,publishing instructive documents and typical cases,setting up as well as improve relative supporting system,enriching methods to solve disputes and strengthening official assistance of government departments and the court.This dissertation expects to construct a circuit trial system with minority characteristics which can perform the responding judicial function effectively by solving the disputes,stopping the conflicts and closing the cases to provide strong judicial protection and effective judicial service in high quality for herdsmen in border area to be happy and healthy and for minority concentrated region to be harmonious and stable.