The Circuit Court Of The Supreme People’s Court On Several Issues

The circuit court of the supreme people’s court is a brand new thing which is also the important measure of deepening the judicial reform; its birth has epoch-making significance. The set of circuit court of the supreme people’s court is for the judicial localization, which fits the reform of appropriate separation between the current judicial ruling over at the provincial level and the jurisdiction; thus to measure the comprehensive judicial localization. Through the function segmentation of circuit court and itself and from the aspects of cases and case-hearing level construction, the supreme people’s court makes in-depth analysis on the possibilities of delocalization and realizing of the unity of the judicial functions. Hence we can see that the circuit court, as a lucid response by the supreme people’s court to chaos of court functions in China, it is also the effort made to change the present judicial.In addition to the preface and epilogue, the full text is divided into five parts:The first part introduces the basic condition of the circuit court. Firstly,from the current place of justice, functions of the Court chaos, judicial administration of the three types of Problems of Judicial Dilemma and the establishment of a causal association Circuit Court of the Supreme Court; secondly,Genera and species differences in similar systems from the perspective of the agency distinguish the Circuit Court of the nature of the Supreme Court. Circuit Court to set the location, tour the area size, the number of evaluation criteria are analyzed first, second Circuit Court established reference factors point to the role focused on the development of touring region.Finally, the circuit court of the supreme people’s court set up in the context of judicial reform which has brought the brand new trial management, operation of judicial power and supervision mechanism.The second part mainly analyzes the significance of function and function localization of circuit court in the circuit court segmentation which has been obtained the supreme people’s court. After splitting the functions of the main case bearing the Circuit Court Division of the Supreme Court hearing function and contribute to the core functions of the Department. The author elaborates the significance of function localization of circuit court from the following several aspects:judicial unification promoted by the current judicial reform and judicial caseflow mechanism, the relationship of case-hearing level construction, delocalization and optimization of the function of the supreme people’s court.The third part studies the case scope of the circuit court from five aspects: accepting and hearing principle of the case, the current scope of accepted case, considerations, realistic problem and its improvement. That the accepting and hearing principle of the case and considerations of accepting cases explains the current judicial interpretation about official basic guiding ideology of determining the case-accepting scope of the circuit court. And based on the evaluation of the principle of accepting cases and considering factors, combining the underlying thinking of segmentation of functions, the author analyzes the current realistic dilemma of the scope of accepting cases and puts forward the corresponding solutions.The fourth part explores and analyzes the case-hearing level construction of circuit court from the following four aspects:the localization factor, controversy, analysis and delocalization of the circuit court of the supreme people’s court trial level. Through the analysis and appraisal of the consideration factor of localization of the reality and theoretical localization, the author acquires the choice of Supreme Court trial stage. Delocalization is an important motivation of set-up of the circuit court, and supreme Court of the Circuit Court trial level position will weaken the Circuit Court to the local features. Through the thinking of delocalization, the author proves that the rationality of the choice of Supreme court trial stage.