Establish A Cross-administrative District Court Study

The discussions for a long time on the issue of '"judicial localization" constitute the historical background of establishing the court of crossing administrative division.Making courts get rid of the harmful effects from local plate formed by administrative division, and eradicating judicial regional protection, has become the strong expectations of theory horizon for judicial reform. This expectations and appeals, combined with the needs of traditional specialized courts transformation, have contributed to the experiment of the court of crossing administrative division on railway court system. China's reform on this issue was clearly motivated in both orientations of preventing judicial local protection and rectifying the deficiencies of specialized courts. However, the problem consciousness and problem perspective on the issue are not limited to two aspects listed above.This issue should also be examined from other perspectives, such as national integration, legal unification, rights relief and procedural justice. As an important way to achieve the integration of the country by the rule of law, the establishment of the court of crossing administrative division promotes the formation of common legal order under theconditions of increasing interest differentiation and populating disputes emergence.Through the interpretation and definition to fundamental values, the court of crossing administrative division maintains the balance between the unity and the diversity. The necessity of establishing this court also shows in the prevention and treatment to the risks of damaging right within a region or between regions. It also intensively demonstrates the procedural justice of country governance, and highlights the significance of appearance j ustice".Since the late Qing Dynasty, the development of new model courts took setting branches and divisions as its content. It has become the main line of judicial system reform in modern China. Establishing branches and divisions also evolved into an important tradition on judicial organization since modern times. During the historical process, the judicial explorations of Communist Party of China in revolution and war time, guided by the ideas of people's judicature, were manifesting political mobilization and organization extension to rural areas. The exploration has been strengthened in the political and economic movements after the Founding of China. The people's tribunal always gained a lot of attentions in the construction of court organization. In recent years,the establishment of circuit tribunal of Supreme Court also shows the trajectory of institutional transformation during tradition evolution.The renovation of court organization system in China embodies in the establishment of crossing administrative division court, and its idea transformation will be involved with institution structure, operation mechanism, organization location, and other aspects.As to the essential question of applying rules, which the establishment of crossing administrative division court faces firstly, we should walk out the old way of single central legislation. To maintain the adaptability and innovativeness of judicial system, we should give judicial district and its court full power to create rules, further allow courts to practice coordinative actions, and promote it to conduct coordination based on fundamental values by the method of accepting case. The mission of court reform should be accomplished through the combination of competition and coordination. It takes the reform breakthrough at present as beginning, through the systematic application of concurrent jurisdiction, and drive to achieve institutional innovation competition,self-realization competition, and optional competition. At the same time, the coordination on the basis of autonomy, which shows in bilateral or multilateral consultation between courts, will finally become the endogenous mechanism of institution evolution. The coordination between courts in personnel, institution, culture, and administration management will spread comprehensively. The philosophy foundations of new court also include the design mixing detachment and proximity. The detachment, which is required inherently by crossing administrati ve division courts, has two aspects meaning of internal and external. It doesn't mean insulation; on the contrary,it can't reject citizens to access to justice in organization distribution, hardware design, software platform, and litigation service.China's court reform was advancing on the whole pattern of specialized court transformation, ordinary court reform, and circuit tribunal setting in Supreme Court. The reform in the future should continue and develop this approach, which is guided by the principles of autonomous exploration, reciprocal coordination, and innovative development, make the court system get out of the dependence on traditional path, and finally achieve reorganization and innovation. On the whole, the new framework covers first instance jurisdiction, second instance jurisdiction, specialized jurisdiction, and experimental jurisdiction. Carrying out the de-hierarchy guideline will drive traditional longitudinal structure into transverse coordinative structure, and set up endogenous evolutionary mechanism for court organization and institution development. The courts and it jurisdictions also need to pursue the purpose of convenience, according to the measurement of bearable distance, eventually figure out their service areas. Meanwhile,it should break the traditional layout of single center, set up multi center layout, and then pave the way for executing the assizes.The system construction on personnel, organization, and fund, should be unfolded in the whole framework of crossing administrative division court. For constructing the system of judge selection that is compatible with the requirement of crossing administrative division, we should put forth effort to abolish the localization phenomenon that brought by bureaucracy, formalism, departmentalization in the past,achieve the flattening selection based on jurisdiction unit, the neutral selection that take selection committee as the basic platform, and the selection with open object and open process. The construction of court organization must reflect the rules of modern management, and adapt the features of judicial activities. We should clear up the committee tape of organization related to judiciary business, practice guarantee to duty activities and commensurable liability constraints according to it is representative or technical, and then promote the competence and efficiency of committee tape of organization. The reform on business divisions of court need to respect the independence of judge for the precise, focus on eliminate various rank managements, status differentiations, and mandatory performance appraisals, to build collaborative relationship of judges and courts. As to administrative office tape of organization in courts, the reform should accommodate the trend of flattening and networking, commit to reduce the number of management layers, introduce social forces by the way of service outsourcing, and build the platform for discussing and consulting business. The financial supply for court needs to coordinate with the management of personnel and organization.The organization of deputy play the role of budget management and supervision in accordance with the requirement of closing, flattening, and balancing, finally achieve the goals of independent budget for court and full supply by central government.