Exploration Of The Cross-Administrative Region Courts

Restricted by political and economic conditions since the establishment of People’s Republic of China, local courts at different levels are set up in accordance with administrative divisions. However, with China’s social and economic development, complex civil and commercial litigation cases accepted by local courts increase rapidly, and parties in more and more cases come from different administrative regions. Imbalances caused by region differences and complexity of litigation in such cases raise the cost of litigation and are likely to obstacle judicial justice because of "home and away" phenomenon.Current court division system in China was established in the mid-1950 s as a result of planned economy and complied with national conditions at that time. However, with establishment of China’s socialist market economic system, defects of current court division system become significant. Therefore, it is necessary to separate administrative division with judicial division and set up cross-administrative region courts. Pilot Program of Setting Up Cross-administrative Region Courts and Procuratorates approved during Fourth Plenary Session of 18 th CPC Central Committee proposed to separate administrative division with judicial division. These measures indicate central government’s determination for setting up cross-administrative judicial system. This essay puts forward practicable advices for judicial system reform based on successful experiences both home and abroad.This essay aims to discuss "cross-administrative region courts" and is divided into four chapters.The first chapter focuses on relationship between current court system and administrative divisions in China. This chapter analyzes development of China’s judicial system and setting of courts based on administrative divisions, and points out defects of current system. Because judicial division highly overlaps with administrative division, local courts staff at different levels are selected by and responsible for corresponding People’s Congress. Personnel of courts are subject to civil servant system and courts’ financial funds are controlled by the local governments. This results in administrativization and localization of judicial system, as well as imbalanced allocation and waste of judicial resources. These problems need to be solved while setting up cross-administrative region courts.The second chapter illustrates the systematic and theoretical basis of setting up cross-administrative region courts. Setting up cross-administrative region courts can delimitate power of central and local courts and ensure judicial power. Jurisdiction can play its key role and get rid of local influence. This chapter explores feasibility of cross-administrative region court system by analyzing and learning from overseas cross-administrative region court system and establishment of domestic special courts.The third chapter discusses potential problems in setting up cross-administrative region courts in China. This chapter is based on actual conditions of present cross-administrative region courts in China, especially Shanghai No.3 Intermediate People’s Court, and analyzes potential problems in the operation of such courts, such as which organization select court staff, management of courts’ property and staff, and supervision over courts.The fourth chapter put forward targeted solutions to problems pointed out in the third chapter to improve cross-administrative region court system in China. First of all, implement this system in pilot areas and analyze choosing, setting, and management of pilot courts gradually. Secondly, establish circuit court system, which is not influenced by administrative division, based on overseas experiences of cross-administrative region court system and discuss details of circuit court, such as its positioning, setting, functions and power. Thirdly, improve high-level jurisdiction and centralized jurisdiction system. Last but not least, establish multi-level financial security mechanisms for judicial system to ensure cross-administrative region courts can exercise independent judicial power.