A Study On The Circuit Of Judgment Under The Rule Of Law In China

Assizes system is an important part of our trial system. It is People’s court to facilitate the people of flexible Trial. For decades it played a positive role. In China,the assizes system has been widely implemented. Later assizes system gradually withdraws from the stage work of people’s courts. But recent eighth Fourth Plenary Session for judicial reform there is a trend revival. The Supreme Court emphasized the importance of the establishment of the Supreme Court of the Circuit Court in a series of regulatory documents. Circuit Court established practice in both Shenzhen and Shenyang. This system will become a highlight of the work of people’s courts.Assizes system revival in contemporary Chinese judicial practice is worth thinking about: Assizes system is able to exist for a long time. What is the history of its development? Supreme People’s Court Circuit Court is an innovative product of judicial reform. What is its system construction and operation mechanism? What issues does Circuit Court to be addressed? Based on this thinking, this paper chooses our assizes system as the research object, and chooses Supreme People’s Court Circuit Court as a starting point. Paper is divided into four parts.The first part is the introduction of this paper, including: research background,research status of this paper at home and abroad. This paper describes the innovation of this paper and its discussion framework.The second part, I describe the basic theory of assizes system, historical overview of the evolution and development of our country. First, I define the concept of assizes and distinguish the meaning of the relevant words. Secondly, I introduce the origin of assizes system and the difference between Chinese and foreign assizes system. Finally, I analyzed the assizes system to establish, develop, weakening the revival of historical evolution.The third part, I analyze the operating mechanism and functions of the Supreme Court Circuit Court. First, I analyze the background and reasons for the Circuit Court,including local administration of justice, failure of oversight mechanisms and intense social contradictions. Second, I study the Circuit Court system construction and operation mechanism, mainly through written materials research approach, Including:institutional nature, the scope of the admissibility of the case, relations Circuit Court and Supreme People’s Court, Power operating mechanism Circuit Court of the Supreme Court.The fourth part outlines the functions of the Supreme Court Circuit Court,including the supervision of local courts administer justice impartially, to resolve social conflicts and local guide local court of justice. This article also describes the Circuit Court of the Supreme People running for some time in the future reality effect.The fifth part analyzes the status of the Supreme Court of the Circuit Court and gives advice, including the number of the circuit court and the setting up of regional,jurisdiction and limitation of the circuit court, independent judicial power and restriction of the circuit court. The circuit court of our country in practice is in the development stage, these thoughts and suggestions on the problems in the operation of the circuit court settlement have important significance. At the same time I put forward suggestions for the perfection of the Supreme People’s court circuit court.The epilogue part, the author proposes the Supreme People’s court to set up the circuit court is not the revival of the circuit trial system. The author systematically analyzed the circuit trial system and the Supreme People’s court circuit court. In this paper, we put forward some suggestions for the possible problems in practice. This is a modest contribution. Due to the limitations of the survey resources, this article is not sufficient to understand the operation of the circuit court. This article also needs to be further strengthened.