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The Study Of Circuit Trial System

Posted on:2017-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:W H LiFull Text:PDF
GTID:2336330503471478Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Circuit trial system is an important component of trial system in our country, it is convenient as the people's court to carry out the people's judicial philosophy of a flexible way of trial in decades of years of creation has played a positive role. In our country, the circuit trial system from the beginning of set up by promoting, during the later development is gradually withdrew from the focus of the work of the people's court, and appeared in the practice in recent years, the trend of the Renaissance. The author will mainly based on the basic circuit trial system, based on the analysis of features of nationwide assizes, running environment, etc on the basis of the existing problems for a more perfect the construction of grass-roots assize system, hoping to circuit trial system in China set up to contribute a little.Full text in addition to the preface and epilogue, is divided into four parts. The first part of the assizes overview, first analyzes the assize theories, qualitative problem, the setting of the circuit court, secondly analyses the influence the characteristic of the assizes.The second part analyzes the necessity and feasibility of the circuit trial system in China, the necessity aspects mainly from two aspects of the judicial requirements and running environment were analyzed. Feasibility aspect mainly from the function, social resources and operation situation are analyzed.The third part analyzes the problems existing in the assizes. This part from two perspectives of legal theory and judicial practice analysis, this paper points out that the current our country circuit trial have been contrary to modern judicial philosophy, legal authority and tested solemn court, justice for the people become a mere formality, the legislation is too abstract, system running lack of operability, to ensure the material to be fully communication is not enough, the court and organizations at the grass-roots level,the circuit trial court security remains to be further protected, the circuit trial to rely too much on judge an individual's personal quality, modern judicial conflicts with local order.Assize appeared in recent years the trend of the Renaissance, so to analyze the problems existing in the assize system has important significance.The fifth part puts forward Suggestions on the improvement of the system of assizes.Aiming at the problems existing in the circuit trial system in China, this paper suggested the assize system from the following aspects to perfect the clear goal, our country judicial reform to meet the demand of the guide and perfect the legislation, the law allows the parties within the scope of reasonable contact, perfect legislation, strengthen the court to ensure the material, reduce running cost, strengthen the law publicity and education, easing the burden on the judge, improve the quality of the judges, the circuit trial supervision and remedy mechanism, establish assize court and accusing the communication mechanism of dispute settlement mechanism.Proposed in this paper, the contemporary grassroots demand justice demand has increased dramatically, the circuit trial is good way to solve this demand, set up perfect for this circuit trial system is imminent. The author based on the theory and judicial practice of judicial circuit trial system in our country has carried on the system analysis, and circuit trial system in China, existing problems put forward the perfect proposal. This is a little contribution in this paper. Because of the limitation of the materials collected in this paper,the circuit trial system in China run the understanding of the truth of the in-depth issues such as possible, also need to be further strengthened.
Keywords/Search Tags:Assizes, Justice for the people, Value, Problem, Improvement
PDF Full Text Request
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