The Empirical Analysis And Reform Concept Of The Assize System

Kong Zi once said that the way I adjudicated cases was like others, but I hoped to achieve the goal of no cases by adjudicating cases. A brilliant judge not only pursues the justice in individual cases and settles the disputes among the parties appropriately, but also pursues the maximum of society effect and promotes to realize the modern model of the dream of"No Lawsuit"----construction of rule of law and a harmonious society order. The assize system has a long history all around the world. The western assize system gradually develops from the Norman Conquest and attains its maturity in the formation period of England common law. Because of the development of modern economy and other reasons, the assize is declining in Britain, U.S. and other developed countries. Even so, the assize system is far from diminishment and has created new convenient judicial service systems similar to the assize. The assize system in modern meaning in China is borrowed from the western countries, sets up and develops in the period of ROC and the revolutionary base areas, rising and being abolished several times after the foundation of PRC, and now is in the preparation period of comprehensive recovery. As the main provider of products of administration of justice and justice, the people's court should make full efforts in the process of pushing forward the construction of rule of law and should pay especially attention to the legal rights of these people in local areas with disadvantage situations in economic, capacity to action and other parts. So, we can't take it for granted that the radicalization of administration of justice and rule of law in big cities is strong enough, judicial resources can be withdraw from the local areas and concentrate in these important cities. If the court could adhere to the cities and at the same time exploit the judicial service market in the countryside, it can smash the fake judicial products and meet the ever enlarging demands from the local people by providing the authentic and reasonable price justice products to the local people conveniently. Now, the local people eagerly expect to buy a low price and observable judicial product, enjoy the judicial service nearby and the people's courts also expect a new way to provide low price judicial products and win the local judicial market. The assize system, in a plain and observable way and acting like a transport team, sends the justice products to the local people for selection and promotes the development of the court and judicial realization. To enlarge and extend the assize system includes enlarge and extend the scopes and functions of this system. The functions of assize system should give priority to settle disputes and give consideration to establish the regulations of rule of law, promote judicial uniform and perfection of legislation and form policies at the same time. To extend the application scope at landscape orientation requires that the assize system become normality and system in the operation of court and the scope extends from the civil cases to criminal and administrative cases. To extend the application scope longitudinally requires extending the trial level from the first trial of the basic level courts to the first, second trial and retrial of different trial levels.