On The Circuit Trial System In China

Circuit trial system, as a flexible trial way to conduct the judiciary idea to convenient people by the Court, is an important part of our trial system, it does play active roles during the decades since it is founded. It was extensively executed at the beginning, but it gradually died away in its following developing period and in the recent years, it shows renascent trend again in trial practice. The Supreme Court emphasized its importance in series documents. The circuit trial system becomes a bright spot in judiciary work all over the country.The popularity of the circuit trial system leads the following thinking: why the circuit trial system can be long-term existing in our country and shows renascent trend? Any urgent issues in this system? Based on these questions, this article will choose the circuit trial system as the discussion object.The article is mainly composed of five parts besides index and epilogue:The first part introduces the history of the circuit trial system and the factors which impacted the evolvement. It firstly explained the historical evolvement with its foundation, expansion, degeneration and renascence. Secondly it analyzes the factors which impacted the evolvement. This article points out that the factors are the judiciary concept, political factors and the social environment.The second part analyzes the operational modality and characters of the circuit trial system, illustrating the operational modality by summarizing the information analysis and survey based on written material coupled with practice research. And then summarize the characters, that is colleting cases itinerantly, on-spot session, reconciliation focusing, case type relatively concentrative and mainly applies to simple procedure.The third part analyzes the function of the circuit trial system. It develops the analysis from both public and country's angle of view. For the public, the circuit trial system is convenient for lawsuit and relating burden; for the country, the system is in favor of the judiciary resource distribution, timely disputation resolving and social stability maintaining, law spreading and the law execution.The fourth part analyzes the existing issues in the circuit trial system. The article points out: the concept of justice for public is too formally, the legislation principle is too abstract, not enough material guarantee, not enough communications between the court and foundational organization and the conflicts between modern justice and original rural system. It does make sense to figure out these issues along with the renascent of the circuit trial system.The fifth part put forward with some suggestions to the improvement of the circuit trial system. Aiming at the issues existing in the system, the article suggests as below to perfect the system: define the target, in line with the direction and requirements by our judiciary reform; improve legislation, push the legalization and standardization of the circuit trial system; strengthen the juridical material securement, cut the cost of system operation; build up the communication mechanism between itinerant court and foundational organization; extend the functions of the system, search for best judiciary results.The article points out that the contemporary China still needs the circuit trial system but is supposed to make a reasonable position. We can not kick it off totally given its certain functions. We ought to apply to it with the real needs but not the formalization. The article makes the analysis on the system based on the legislation and judiciary practice, and brings forward some suggestions to the existing issues, this is what the article contributes.Due to the limitation of the survey, the understanding of the real fact of the circuit trial system operation is not so profound, of which the improvement is expected.