System Research Of The Circuit Court Of The Supreme People's Court Of China Under The Perspective Of Judicial Reform

At this stage to deepen the reform of the judicial reform in China,the central conform to the requirements of judicial system reform development regularity,combining with the people's court within the reform of the judicial,proposed a circuit court of the supreme people's court.Look from positioning circuit court is the supreme people's court sent the court,and the supreme people's court trial level system are the same,different from the early to set up the regional branch of the supreme people's court and the judicial practice in our country the assize system;From the perspective of the type of accepting cases,circuit court case scope of the scope of accepting cases from the supreme people's court was get in differentiation;From the point of distribution,circuit court from the original shenzhen,shenyang development to establish the first and second circuit court of the throughout the country's six big circuit court;From the point of institutions,the construction of the circuit court embodies the judicial reform demands of "go to town",present a "flat" management Settings;From the point of view of function circuit court is assumed to change the judicial localization,remove the localization,convenient litigation play a role,to safeguard the unity of the rule of law construction.But the structure of a system involving many skills,especially the construction of judicial system,reform environment objective conditions change,the system design deviation will lead to some point expected default function is not ideal.Circuit court in the judicial practice in China,also reflects the immature and lack of system development,brought the present practice of functions with the purpose of the central building to set up the circuit court is sharply,handling complaint reporting cases became the main function of the circuit court,other features did not play a role.This does not mean that the construction of the circuit court to be without value,still played a convenient litigation in the specific operation,reform the current judicial environment,the effect of other measures as the judicial reform "laboratories".Circuit court in the long run there are still a lot of room for the development of the construction,analysis of Anglo-American law system and continental law system and circuit court similar system and combing the expert opinion on the development direction of the circuit court to give enlightenment on the future of the circuit court reform,thinks the future of the circuit court reform and development is divided into three stages of steps: the first stage optimization function of the status quo,for the future development of the circuit court to provide reliable financial and human security;Second phase focus on across the administrative areas of major civil and commercial cases,administrative cases design is different from other ordinary of accepting cases under the jurisdiction of the standard,to ensure that the circuit court can fully accepted across the administrative areas of major cases,play the role of the default "to the judicial localization";The third phase transformation and the prospect of future development of the circuit court with cross sectional convergence problem between the court and circuit court judicial reform practice of the development trend in the future,whether independently developed into an independent court,enjoy special case-hearing level system,even change the existing judicial system whereby the second instance is final four building in China.