Research On The Establishment Of Ordinary Courts In China

Now China is gradually entering the period of reform and development,contradictions burst and the complexity of social governance increases.Both official or folk are particularly looking forward to fairness and justice.People are also strongly concerned about the court that are the last line defense of justice.To solve all kinds of disputes in society through litigation,the judge should be justice,the court should exercise their powers independently.The reasonable setting of the court are foundation.The general court is the main court of our country,but the setup confusion exists because constitutional law and law are not obeyed,and the times put forward new requirements to the cross administrative court settings,special courts set etc..Through carding and analysis the general court setting theory and practice,and summarizing the principles of the general court set,and analyzing the existing problems,and putting forward the perfect thinking,I hope contribute a little strength to our common court set.This paper is analyzed from the five aspects of the general court:The first chapter gives an overview of China's general court status.Firstly the general courts include the courts that are produced by People' s congress Council in accordance with the administrative divisions,the Supreme Court,the court that is not included in the special court.The general court began to set up after judicial reform in the late Qing Dynasty.After the founding of new China,the various courts were rapidly established.After the reform and opening up,some courts set up in some new economic areas.This paper combs the development of the general court.The general court has three forms,according to the administrative divisions,the cross the administrative divisions and according to the special area.The general court is four level trial court organization system forms.The second chapter summarizes the establishment theory of the general court.The function and theory of the modern court is similar in different countries.The general court is also under the guidance of the relevant basic theory.Dispute resolution is the basic function of the court set.When the society is unable to solve the self contradiction,the country produces,the public state management organization appears,the court becomes the dispute settlement organization,and solving the dispute is also the original reason of the court setup.Fairness and justice is the goal pursued by human beings and the value of the general court.The people's sovereignty theory had far-reaching influence on the modern society'.The general court is created by the people's Congress.The theory of separation and balance of powers caused the court set up independently,the general court exercise judicial power independently according to law.The third chapter analyzes the factors that affect the general court setup.There are obvious differences between the countries and their institutions because of the different historical experience.Ancient and modern judicial institutions in our country is totally different.But the ancient judicial institutions had a long history,so some relevant concept has become a part of the national memory.The court setup practice after the reform in the late Qing Dynasty is also historical factors.The general court setup is closely related to politics.The court is state institution,in the early days of the founding of new China it played the role of consolidating the regime.The structure of the national power determines the way of the general court setup.The social factors such as population,region and lawsuit are the foundation and necessary condition of the general court.The court is different from other state institutions,which should be maintained in the uniform,neutrality and final,other judicial attributes.The fourth chapter enumerates the current confusion in the general court set.Confusing settings include the Supreme Court decided,the municipal government decided,the superior court sent,intermediate court gestated and other beyond laws and the Constitution.All those can be attributed to some courts are set up by the subject outside the law,some courts setup lacks legal basis,the relationship between the National People's Congress and the court is not completely accordance etc.After analyzing these problems deeply,the reasons are that the general court strictly correspond with the administrative divisions,the law can not effectively meet the new court setup needs,the law of the people's Congress court producing court are not strictly obeyed and so on.The fifth chapter put forward perfect thoughts on the general court.After overviewing the abroad court settings,we get some useful implications.There are four kinds of improvement ideas under the premise to the National People's Congress producing the court:the first is in strict accordance with the current constitution and laws.The second is that the court is set up by the National People's Congress of the administrative division or by the corresponding National People's Congress of the cross administrative division.The third is that local courts of the various levels are set up by the higher National People's Congress.The forth is to divide judicial divisions.This paper proposes the second idea and puts forward the solutions to the existing problems.Thinking about the cross administrative court setup.Exploring steadily and perfecting the law in time.Then the court can be set up in strict accordance with the law and the court system is unified.