Research On The Cross-administrative Division Court

According to the judicial system set-up in our country,the court set-up is in high degree of coincidence with the administrative divisions,the higher deg ree of reliance on the local government,the more likelihood in local interventi on in some cases involving local interests,which is the popular criticism of affecting judicial justice.Because of this,to remove the judicial localization ha s become the focus of judicial reform to breakthrough.There are many theoreti cal paths to break the localization of justice,and the cross-administrative divisi on court is one of the most important theoretical ideas.However,there is no c onsensus among the different theories,which makes the transition from theory to practice immature,The reform did not take this option.However,the first r ound of the removal of judicial localization of the reform effect is not ideal,s o the Third Plenary Session of the new round of judicial reform began to con sider cross-administrative division of the court and other series of programs,w hich makes the cross-administrative division court operation has the real possibi lity to be practical.This reform is essentially a change in the judiciary,the co ntent of the reform involved is very complex,the practice of reform is also ve ry slow.Since the disclosure of the relevant reform trends,many researchers have been excited about the study of interest in this topic,and have made suggestio ns for this round of reform,and the cross-administrative division court has bec ome a research hotspot.However,the relevant research focuses on the construc tion and perfection of the reform of a system,lacks a comprehensive and syste matic discussion,especially the lack of attention to some theoretical issues.At the same time,the reform of the cross-administrative division court is not an i solated reform,must be connected with a new round of judicial reform "a gam e of chess" context,and more likely to involve the Third Plenary Session since the deepening of the reform of the overall layout,so the study of the cross-administrative division court must be considered from the macro perspective of deepening reform,this discussion will be realistic,and will really achieve tan gible results.The original intention of this paper is based on the research of the interdi sciplinary court,so the article upholds a kind of problem analysis to discuss th e reform of the cross-administrative division court,specifically from the "theore tical analysis-practical problems-the future construction " logical framework t o start the full text,in particular,the overall stand on the macro perspective of deepening reform of the cross-administrative division court.In addition to the introduction,the full text is divided into six chapters to explain,specifically in clude:Chapter one is "the idea about the cross-administrative division court." Thi s chapter clarifies the theoretical orientation of the cross administrative division court and clarifies the realistic feasibility of its reform by combing the basic framework,practical motivation and social conditions of the administrative distr ict.The cross-administrative division court is a concept with Chinese characteri stics,influenced by the judicial system in China.How to understand the propo sition of the cross-administrative division court is the basis of the full text.Thi s paper argues that as a new type of court,the cross-administrative division co urt is to curb the localization of the judiciary,but it is only a supplement to the traditional judicial system,in order to protect its function should be set a ccording to the actual needs.In order to reduce the enormous costs of reform,the reform should focus on the integration of existing judicial resources.Chapter two is "the theory of the cross-administrative division court." This chapter focuses on why we should set up a theoretical proposition for the cro ss-administrative division court.Although the cross-administrative division court is a practical need to get rid of the local needs,but whether this can be pro ved in the academic is not clear.The theoretical legitimacy of this reform is e xplained from the three aspects of the characteristics of the jurisdiction,the nature of the jurisdiction and the function of the reform of the administrative divi sion.Exercise of jurisdiction independence,unity and authority all support the establishment of cross administrative court;in addition,compared with the tradi tional court,cross administrative court has comparative advantage of in promoti ng the actual changes and promoting the regional governance.Chapter three is "the trial and error of the cross-administrative division co urt." This chapter examines the experimental status of the reform on the crossadministrative division court,with a view to summarize the experience and less ons of the reform based on such a study.The pilot reform is a comprehensive reform that could gain experience from the experimental mechanism,to promo te the reform effectively to be conducted.Through the investigation we found that some results obtained by the Shanghai third intermediate people's court a nd the Beijing fourth intermediate people's court that can be deemed as the re presentative of cross administrative reform in the provincial court in the case,but trapped by some restrictions observed during the research,and the defects of basis of legislation and supporting mechanisms,the jurisdiction system,and supporting system of judicial power needs to be further improved.Chapter four is " the country's mirror of the cross-administrative division court." This chapter summarizes the court settings of other countries to provide lessons for the cross-administrative division court.This chapter analyze the cr oss-administrative court of the United Kingdom,France,Japan and the United States,Germany,Russia,the three federal state court districts set up the situati on,the funding mechanism carried out and found that these countries are simil ar in court cross administrative settings,namely centralized under the jurisdictio n of cross administrative divisions and cross regional case the establishment of the court is relatively common,and these countries also set up an effective m echanism to ensure funding,so these countries rarely appear local justice probl ems.It is pointed out that China's judicial reform should learn from other cou ntries' experience of cross administrative division based on China's national con ditions,and especially draw lessons from the funding mechanism to ensure effective operation of administrative divisions.Chapter five is about "the real barriers of the cross-administrative division c ourt." In this chapter,the third chapter continues to discuss the real problems f aced by the reform of the cross-administrative division court.Unlike the third chapter,this chapter focuses on the cross-administrative division court from a macro perspective.In particular,the reform of the cross-administrative division court is confronted with the real barriers to the three aspects of institutional co nstraints,the interests of the fetters,the effectiveness of questioning,which are key point for the success of this reform must overcome.Among them,the co nstraints of the system mainly refers to the current judicial system and financia l system restrict cross administrative court reform,while the bond interest refer s to the reform may affect the local government and the traditional court judge group interests rather than with the reform,the effectiveness of questioning re fers to the substitutability and uncertainty of the reform.Chapter six is "the future of the cross-administrative division court." This chapter summarizes the relevant experience and reflects the basis of the relevan t issues for the cross-administrative division court's future reform program syste matically.The key to the success of the reform of the cross-administrative divi sion court is that the reform of the system design,not only the macro level of the top-level design of the perfect,but also the specific framework of the sy stem and the follow-up system.The macro level design is to solve the power base of this reform(Central Powers constitution)as well as the legal basis(co nfirmation court organization law),the specific framework should include specif ic cross administrative court set standards,trial level system,jurisdiction system,supporting system includes the financial guarantee of judge system of organiza tion,the personnel management system,and so on.