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Empirical Study Of The System Of People’s Tribunal Of Our Country

Posted on:2011-11-05Degree:MasterType:Thesis
Country:ChinaCandidate:G J ZhengFull Text:PDF
GTID:2236330371463949Subject:Law
Abstract/Summary:PDF Full Text Request
The system of people’s tribunal is a unique judicial system in china. People’s tribunal, a dispatched office and a component part of grassroots people’s court, on behalf of the nation exercises judicial power in accordance with the law. Its jurisdiction presents the jurisdiction of the grassroots people’s court. Setting people’s tribunal should adhere to the“convenient principle”, that is it should be convenient for litigants to exercise their litigant rights and convenient for people’s court independently, impartially and efficiently exercises the jurisdiction according to the law. People’s tribunal’s specific settings, location and the scope of the case’s jurisdiction are decided in terms of the number of cases, area size, population distribution, transportation, economic & social development and the rational allocation of judicial resources, etc. They are not subject to the restrictions of township administrative divisions. The main responsibilities of the people’s tribunal are hearing the first instance civil and criminal private prosecution, executing the cases, guiding the work of people’s arbitration committees, publicizing laws and regulations, and handling petitions. People’s tribunal should not exceed its judicial power to do administrative law enforcement activities, local economic affair and other matters unrelated to the trial.The existing people’s tribunal system, established in 1954 after the“PRC people’s court organization law”promulgated, has gone through those five stages: the start-up and growth period, the hardship and stagnation period, the recovery and reconstruction period, the merge and reform period, and the integration and development period. On September 3rd, 2009, the Supreme Court released the“notice of the supreme people’s court on announcement of the court motto of people’s tribunals”and took“fair, honest and for the people”as the court motto of people’s tribunal, which can be considered as a new milestone in the development of people’court’s reform and mark that the development of people’s tribunal has entered a“golden period”.In a long time of the future, our nation’s system of people’s tribunal has both the inevitability and necessity of existing. Although the existing system has been through the previous period of merge and reform, there are still many problems waiting for further reform and improvement: selectively establishing the reform way of centre people’s tribunal meets the general requirement of the construction of people’s tribunal, which is the only way to reform and develop our nation’s current system of people’s tribunal; we should expand the financial input of the basic facility construction in people’s tribunal to improve its hardware facilities; people’s tribunal personnel management system must be innovative to attract new talents and retain existing personnel; people’s tribunal should deepen the reform of judicial ways, bring the responsibility of judicial mediation into full play, offer judicial protection services for construction of new countryside, carry out“convenience for people”and take“for people”as its aim; people’s tribunal should carry out various initiatives to handle well the relationship with the town’s institution, so as to accomplish the balance between them and provide convenient condition for people’s tribunal to bring its own function into full play.
Keywords/Search Tags:People’s tribunal, YongZhou, Merging, The town’s institution, People’s Mediation Committee
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