The Study On Circuit Trial System Of The Supreme Court

Judicial Circuit System is an important judicial tradition and an important part of the civil trial system in China. In judicial practice, the Supreme Court of assizes has always existed, but the system has not yet formed. The party’s eighteen Fourth Plenary Session passed the "CPC Central Committee on Promoting the rule of law a number of major issues," and decided to establish the Circuit Court of the Supreme People’s Court, and give it to hear important civil and commercial cases in different administrative regions.This reform measure is important for the optimization of the Supreme People’s functions and powers, overcoming local protectionism and promoting judicial justice. Therefore,we must have a comprehensive and profound understanding on of the Circuit Court on the theory; in the practice,drawing on the experience of West Circuit Court system and local grassroots people’s courts assizes,we should build a suitable Circuit Court system of the Supreme, promote the process of judicial reform in China.The article is mainly composed of four parts:The first part describes the general theory of the assizes System of the Supreme Court.Firstly, the concept of the Circuit Court of the Supreme Court is clearly defined, and by contrasted with the Circuit Court of the Primary Courts, accurate analyze the characteristics of the Circuit Court of Supreme People’s Court; secondly, from relieving the pressure from the Supreme Court to hear the case, the maximum judicial administrative cost savings limits, uniform application of law, the fight against local protectionism and other aspects to analyze the value of the Supreme Court of assizes system.The second part investigates the extraterritorial Circuit Court system.Firstly, conducting a comprehensive survey on the developing evolution of the assize system of Anglo-American and the Court Branch in Civil law countries,then Summarizing the similarities and differences extraterritorial assizes system and the Supreme Court of assizes system from the perspective of comparative law, in order to draw inspiration for the construction of the Supreme Court of assizes system.The third part analyzes and demonstrates the construction of the assizes System of the Supreme Court.This part describes from the necessity and feasibility of constructing the assizes system of the Supreme Court,from the pursuit of justice, resolving social contradictions, overcoming the problems existing in the current judicial system, demonstrates the necessity of the construction of the Supreme Court assize System;from the environment of law construction, grass-roots court assize system experience and the comprehensive work of pilot,demonstrates the feasibility of the Supreme Court assize system.The fourth part describes the specific measures to build the assizes system of the Supreme Court.From the aspects of handling the relationship from the Circuit Court and the Supreme Court, clarifying the scope of jurisdiction of the case,build scientific power operating mechanism,improving the selection and management mechanism of judge and the establishment of related measures the five aspects to build China’s Supreme Court assizes system on the basis of fully drawing lessons from extraterritorial assizes system.