Concepion Of China's Cross Administrative Division Court Setting Problem And Its Solusion

With the convening of 18th CPC National Congress,the rule of law has become a national strategy of governance,judicial reform has entered a new stage,the pace of judicial reform is accelerating,and the intensity of judicial reform has been strengthened.The Third Plenary Session of the Central Committee of the people's Congress of the people's Republic of China has further raised the administrative division of the people's courts,and maintained the power of judicial impartiality and authority.It was conducive to the localization and administration,and to overcome the problems of "host and guest" and other issues.Under the influence of the judicial reform wave,this article mainly carries on the more thorough research to our country cross administrative division court setting from six parts.First of all,the purpose,significance,status quo,methods,content and innovation points of the research are expounded.Secondly,it mainly points out the present situation and problems of court establishment.The related concept of administrative divisions and jurisdiction as defined in our country,analyzes briefly the status quo of judicial and judicial levels in accordance with the locale court and our judicial divisions and administrative divisions overlap,further pointed out that at present our country court is the place of justice and administrative and judicial proceedings exist subjective and judicial field "resources are not balanced,hinder the unification of legal system in four aspects.Thirdly,this paper demonstrates the necessity of taking the existing problems as the breakthrough point,and maintains the judicial authority of justice,is conducive to localization and administration,and is conducive to maintaining the unification of the national legal system in five aspects.Then,the jurisdiction of the system outlined,as well as China and foreign countries related to the system for reference.Through an overview of the status quo and development of the region of origin,the jurisdiction system in our country,very few municipalities directly under the central government,courts,maritime courts,railway transport courts,intellectual property court,the circuit court in China relative separation related experience and reference in the judicial and administrative divisions;the enlightenment and experience for reference in English the United States,Japan and Russia are set in cross administrative court system in.Then,through the practice of Shanghai Beijing two pilot cross administrative divisions of the court,analyzes the constitutionality of legislative and instituti-onal barriers,the court property management,zoning jurisdiction,court five aspects of supervision.Finally,put forward the leadership of the party,according to law,judicial and administrative reform division of separation of the five principles,aiming at the five problems in China facing the cross administrative divisions of the court,to amend the law and other specific measures,combined with the spirit of the central document requirements,put forward the basic orientation of cross administrative court from the basic the nature,function,principle of jurisdiction,standards and other aspects,further put forward recently or transition,long-term or long-term cross administrative court system and discusses the conception of setting.According to the actual situation of the Xinjiang district court,the combination of theoretical research in the Xinjiang autonomous region,the local court cross administrative court set the idea,to the future of China's further provincial cross administrative court to set up pilot work to provide some reference.