Current Assizes System In China

Assizes has a long history in the West, but our assizes was different from thewestern assizes. The current assizes in China has the same connotation with the trailmode of MaXiwu. However, with the changing of political, economic, legal and thesocial environment, the current assizes system in China is not the same as the trailmode of MaXiwu. With the principle of "to facilitate the parties to litigation, tofacilitate court", our assizes means that the judge out of court, tour handling the case,or place the trial. At present, the country set off the upsurge of the assizes.Assizes had once disappeared from view, but in the current its regression isnecessary. One reason is the merging of the people's court. The integration of judicialresources contributed to the declining in the density of the court and theinconvenience of its proceedings for the people located in the remote areas. Anotherreason is that the transformation of rural society disputes increase in the number ofbroad types of changing, complexity deepening, demand of people to resolve disputesincreasing. But traditional disputing resolution is growing weakening and trial modeis difficult to adapt to the village community due to its own drawbacks. They makethe rural social disputes resolve to encounter a predicament. The assizes is just theresponse of the court.The current assizes compared with the trail mode is better for the parties tolitigation, better for the court to make adjudications. And assizes is value to shape the judicial affinity, and is conducive to the building of a harmonious society. But theplaying of these values also depends on the assizes working well. In practice, however,the assizes system is not perfect. Because the existence of the system worksnon-standard, high operating costs and inadequate protection, communication withgrassroots organizations is not enough, the expansion of the scope of application ofother issues.From the trend of social development, China's assizes will show a decliningtrend, but in quite a long period of time, there is still the need to vigorously implementthe broad prospects for development, and promote the people's court reform. However,this depends on the improvement of the assizes system. Therefore, the authorproposes the development of uniform, conducive to the implementation of the assizesof rules to strengthen the funding of grassroots courts and human security. Improvingthe proposal to strengthen the communication and collaboration with grassrootsorganizations are necessary.