Research On Circuit Trial System In China

Circuit trial system is an important part of the judicial system in China. It has experienced the process from birth to development, from being weak to being revitalized, and all of these are closely related to the development of chines rule of law. With the rapid development of chines economy, disputes have increased dramatically which resulting in a substantial backlog of cases in the court. In order to solve the problems and satisfy the demands of people, the circuit trial system is widely used again in the courts.it plays an important role to resolve disputes and maintain the social stability. The fourth plenary session of the eighteenth has suggested that the Supreme People's court should set up the circuit court to hear the major administrative ?civil and commercial cases which across the administrative areas in 2014. Because of the suggestion, circuit trial system has got popularly attention. Before the fourth plenary session of the eighteenth, scholars pay more attention to the circuit trial of the grass-root court. The circuit courts of the Supreme People's court are a new field of study.This article is divided into six parts.The first chapter expounds the historical development of the Circuit trial system in China. Circuit trial system is one of the traditional judicial systems of the western countries, it firstly established in the UK. Circuit trial system established in China later than that established in the west. After the founding of the People's Republic of China, it has gone through the process from developing and growing stronger, being weak to being revitalized.The second chapter expounds the value of the circuit trial system. In addition to the value, such as justice for the people?unifying hearing of a case with the legal education program and strengthening the affinity of the justice. The circuit court of the Supreme People's court has extra values. One is to break the local protectionism and make the judicial adjudication fairer, and another is to unify the judgment standard and ensure the fairness of the applicable law.The third chapter expounds the system design of the circuit trial system. Firstly it analyzes the legal basis for Chinese circuit trial system from the standpoint of unity rules and local regulations, and secondly expounds the problems that the circuit trial has from the standpoint of legislation.The forth chapter expounds the characteristics of circuit trial system in China. On the one hand, the circuit courts has many features, such as operating flexible?high expertise?paying more attention to mediation?accepting certain types of cases. It also describes the special features of the circuit court of the Supreme People's court. It weakens the characteristics of administrative and sticks to principles that judges who hear the cases umpire and the umpire is responsible for the case.The fifth chapter expounds the problems that the circuit trial has from the practice.and the same time the article also discusses the concept conflicts between the theory and business circle.The sixth chapter puts forward some suggestions to solve the problems which the article points out in the fifth chapter. The suggestions include improving legislation of the circuit trial system?providing more material assurance?improving the basic skills and actively communicating with grass-roots people and enlarging applicable body of the circuit trial.