The Reform And Enhance Of The Current Circuit In China

As the development of the society, we should adjust the legal system which conduct human behavior, and give the evaluation model of the judicial act new connotation, it should regards both legal effect society effect and political effect, justice of lawsuit and the stable of the procedure. But the justice of lawsuit and the stable of the procedure are always unity of oppositeness, in different era different state how to realize essential justice, the legal system of judiciary institution has different choice. The circuit system as a procedural rule of judiciary system has its choice. The circuit system is a special judiciary system of China. Western circuit system was formed in Henry II of England in 1164 and become mature as the development of the common law. In the modern times England and America such developed states trivialize it. In juridical practice of china it merged feudal era, and arrived peak in World war II. After new China was founded it was used in juridical practice. As the development of socialist market economy and the juridical philosophy changed and the reform of juridical system, people put undue emphasis on the litigation efficiency, stable procedure, saving juridical resource, and make misunderstanding of circuit system, so during juridical reform some courts depart from legislative intent of circuit system, and it causes the similar case give different judgments, the common people can not afford the lawsuit cost and give rise to corruption, at the same time it cut the advantage of circuit system and the court credibility. In 2002 the Sixteenth National Party Congress has mapped out the idea of juridical reform which requires circuit should energetically promoted in the grass-roots court, it make people pay attention on circuit again. The writer analyses the practice of one grass-roots court and found the problem in circuit, also give suggestions about how to reform and enhance circuit in China.