Research On The Circuit Court Of The Supreme People’s Court Of China

China eighteenth CPC Central Committee fourth plenary meeting held in Beijing on October 20, 2014 to 23. At the meeting,a resolution that <the Central Committee of the Communist Party of China about comprehensively promote the rule of law certain major issue decision>was passed.In this resolution,the Supreme People’s court put forward to establish the circuit court, In order to try the administrative and civil and commercial cases conveniently, especially the cases of cross administrative regions. Setting circuit court is an important measure of the reform of the judicial system, was entrusted with the important task of breaking the local judicial protection, reversing the judicial injustice situation that caused by local wanton intervention. In accordance with the deployment, the Supreme People’s court has in Shenzhen set up the first circuit court, and set up the second circuit court in Shenyang.In this year, both north and south of the circuit court conscientiously implement the essence of the judicial reform, tough tackling, and keep moving forward. The circuit court has made remarkable achievement in the implementation of judicial accountability, promoting the trial centered litigation system reform and perfecting the judicial power operating mechanism, which is of great significance. In view of this, the author thinks that it is necessary to conduct in-depth study of the Supreme People’s court circuit court system from the perspective of legal theory, in order to explore its inherent potential significance for the reform of the judicial system in China.Paper mainly includes four parts:The first part: the theory analysis of circuit court of the supreme people’s court. First of all to the circuit court and the supreme people’s court circuit court has carried on the definition; And then analyzes the main functions of the circuit court of the supreme people’s court: the distribution of the supreme people’s court trial work, stability of the supreme people’s court judicial environment, ensure the unity of the national law applicable; Finally expounds the value significance of the supreme people’s court to set up the circuit court: break the local protectionism judicial field to ensure the judicial justice, alleviate the pressure of the work of the supreme people’s court to relieve the people v. tired, intensify judicial openness and supervision in order to enhance the judicial credibility.The second part: the supreme people’s court system circuit court building. First from the wave of judicial reform to promote, the provincial court judicial localization problems unresolved, the court accept cases of complaint involving lawsuit and so on several aspects to introduce the background of building the circuit court of the supreme people’s court system, and then from spirit and 18, the third plenary session of fourth plenary session of "four or five reform outline" of the people’s court on the policy on the basis of the supreme people’s court to set up the circuit court, finally from the personnel structure and organizational system, the presiding judge selection sets, case acceptance of authority, and circuit area from several aspects such as analysis of the circuit court organization design and system arrangement.The third part: the supreme people’s court results and existing problems of the circuit court. Run for a year, major achievements have been made in the circuit court of the supreme people’s court, be summarized as follows: old letters and problem solving, petition letter, judicial power operation mechanism innovation, trial mass effect significantly increased, to judicial localization, security administration effect is remarkable. However, in the process of operation, circuit court also exposed some problems, mainly include: function across the administrative regions cases was not significant, the contradiction in case people less judiciary job security needs to be clear.The fourth part: the improvement of the circuit court of the supreme people’s court. To the circuit court of the problems existing in the operation process, put forward the corresponding perfecting suggestion: first, in view of the circuit court accepts the case of cross-regional less problems, put forward flexible circuit court jurisdiction, and the Supreme Court has jurisdiction over the same advice; Secondly, in view of the circuit court case people less contradiction, put forward to increase hiring of various internship assistant into the court, create a new way of receiving letters and visits; Finally based on circuit court judicial personnel professional guarantee lack of problem, put forward the reform of circuit court into the category of the court, according to the circuit court characteristics scheduling system, emphatically promote court personnel classification management advice.The supreme people’s court to set up the circuit court, is particularly striking in the process of our judicial reform a big move, shows the vitality and potential of our country’s judicial reform innovation, has attracted wide attention from all walks of life. Circuit court of the establishment of relations in the field of judicial justice and authority of deep, to the unification of the country under the rule of law, to curb local protectionism, and is of great significance to achieve the goal of governing the country according to law.