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The Research On The Circuit Court Of The Supreme People's Court

Posted on:2018-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2346330542461871Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Circuit court of the supreme people's court,as the local regular trial institution,is a part of the supreme people's court.Heavy cases of the supreme people's court and judiciary local protectionism are main backgrounds for the setting of circuit court.The functions of circuit court can be divided into direct functions and indirect functions.There is divergence about the case-hearing level of circuit court: the highest level,parallel with the high court 's,independent level.Considering factors of functions,jurisdiction system,laws and judicial practice,the highest level is most reasonable.Comparing circuit court of the Supreme Court with the circuit court of basic court,there are commons about justic e for people and the relationship with the expediting courts.It exists difference lie on background and functions.Ensuring judicial profession and multiple dispute resolution(e.g.ADR)are operating experience from basic courts.The features during operation of circuit court of the supreme people's court can be concluded by text analysis and empirical research: the random during case distribution and judgment,chief judge responsible to the case and strict rules of judge evaluation,strengthening explain of judge,setting up a responsibility system,respecting lawyers and litigants.Meanwhile,three primary problems have displayed in the operation of circuit court: firstly,it is adopted by circuit court that carrying out trials in fixed locations.Secondly,amount of letters and calls lead great pressure to circuit court.Thirdly,the shortage of elites exists on the equipment of circuit court.Accordingly,there are three suggestions: first of all,setting up the regular assize system and arranging the circuit time,circuit location flexibly.Then,establish the accepting and ending procedure of letters and calls to release pressure of circuit court.At last,combining with the reform of court post system,complete the institution about selection and regulation of staff in circuit court.
Keywords/Search Tags:Circuit court of the supreme people's court, Chief judge responsibility principle, Circuit riding, Classification management system
PDF Full Text Request
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