A Review Of Chinese Circuit Trial System

The circuit trial system has a long history in the world. Compared with the western, Chinese legal history has clear difference in jurisprudence and practice. Chinese legal history began in Guangzhou national government 1925, and generally applied in the revolutionary base regime. Different with the western circuit judicial system, the circuit trial system in China did not the product of the majesty expansion. It's the choice of special circumstances. Since 1925, the circuit trial system experienced a number of judicial reforms in China. After the Supreme People's Court raised again the trial tour in 2005, it began into a stage of full recovery and development.The article uses timeas links, systematic introduces the development process of Chinese assizes, its function and reasonable analysis, having a review to some issues. I hope this article will do its own contribution to improve the justice system. The article is mainly composed of three parts besides index and epilogue:The first part introduces the formation of the trial tour. It firstly describes the origin of the circuit trial system which began from England, and depicts its influence on other western country especially the United States. Secondly it introduces the formation in China, mainly about the Guangzhou national government and the revolutionary base regime, analyzing the causes. Moreover, it still describes"the trial fashion of Ma-xiwu"which had a far-reaching influence on Chinese jurisdiction. The second part introduces the development of the circuit trial system after the establishment of the People's Republic of China. This part could be divided into three stages: the recovery stage (1949.10~1958.3), the turbulent stage (1958.3~1979.7) and the revival stage (1979.7~). And it also combining of the practice survey of People's Court of Shanghai Yangpu District, to introduce the new tendency of the trial tour in city, which called"the neighborhood community trial court".The third part mainly analyzes the functions and reasonableness of the circuit trial system in China, and also put forward some suggestions to improve the circuit trial system, such as the nature, application level and the location problem of the circuit trial system. The functions could be come down to these sides: convenient for lawsuit and relating burden, in favor of the judiciary resource distribution, timely disputation resolving and social stability maintaining, law spreading and the law execution. There are four factors of the reasonableness: theoretical basis, geographical factor, social cultural factor and political factor.Chinese judicial reform has a long way to go. We must focus on the existing specific problems and the objective needs to reform the judiciary, rather than rebuild judicial system and judicial system in accordance with a rule of law or judicial system t. Only in this way, our judicial reform will be scientific, practical and successful.