Font Size: a A A

Observation And Analysis Of The Pratice Of The Cricuit Court System Of The Supreme People's Court

Posted on:2019-03-10Degree:MasterType:Thesis
Country:ChinaCandidate:C H WangFull Text:PDF
GTID:2346330545490055Subject:legal
Abstract/Summary:PDF Full Text Request
In October 2014,The Fourth Plenary Session of the 18th CPC Central Committee passed the "Decision of the Central Committee of the Communist Party of China on Pushing Forward Major Issues of Governing the Country According to Law",and set up the Circuit Court of the Supreme people's Court.Hearings of major administrative and civil and commercial cases in the cross administrative region,in order to facilitate the settlement of disputes between the parties,and at the same time to gradually complete the division of emphasis between the headquarters and the circuit court,breaking Judicial Localization and Administration,promoting the process of Judicial Reform in China.As the leader and bridgehead of the judicial reform,the importance of the circuit court is self-evident,which has set off a new chapter for a new round of judicial reform.According to the deployment,up to now,there are six circuit courts:the first circuit court is located in Shenzhen,Guangdong Province,and the second circuit court is located in Shenyang,Liaoning Province.Since then,four more circuit courts have been added one after another.The third circuit court is located in Nanjing,Jiangsu Province,the 4th circuit court is located in Zhengzhou,Henan Province,the 5th circuit court is located in Chongqing City,and the 6th circuit court is located in Xi'an City,Shaanxi Province.Since the establishment of the Circuit Court for two years,the Circuit Court has played an active role in alleviating the great pressure on trials in the Supreme People's Court.It has achieved remarkable results and is of great significance.This paper is carried out in the following six parts.The first part mainly analyzes the background of the establishment of the Circuit Court of the Supreme people's Court.Through the observation of the background,the author points out that the establishment of the Circuit Court is to break down the localization of the administration of justice and relieve the pressure of the Supreme Court's headquarters.The second part mainly describes the nature of the circuit court.The circuit court and the Supreme people's Court are the relationship between the whole and the part.The circuit court is not an independent court.It is part of the Supreme Court,but the decision made by the Supreme Court is the highest one,which is equal to the Supreme Court.The third part is the organizing arrangements of the Circuit Court,including the tour area,the monitoring mechanism,the scope of accepting the case,and the composition of the personnel.By observing the organizing arrangements of the Circuit Court system,we can better understand the operation of the Circuit Court;The fourth part is the judicial practice innovation of the Circuit Court.The differences between the Circuit Court and the traditional courts include innovations such as random distribution of collegiate panels,establishment of personnel registration,digitized contact rooms,a new type of relationship between judges and lawyers,and "Last question" after trial,etc.,these innovations in practice are worth popularizing and learning.The fifth part analyzes the current problems in the circuit courts.The circuit courts are not perfect,the circuit court has a large operating cost,the human resources are stressed out,and the effect of handling cases across administrative regions is not remarkable.The cases of the Supreme people's Court of diversion are limited,the scope of the cases is blurred,the task of letters and visits is heavy,there is a lack of more human care,the mechanism of supervision and error correction is not in place,and so on,so as to find out the problems can be solved effectively.The sixth part is the proposal to improve the Circuit Court.It adopts a series of measures,such as lightening the pressure on the trial team of the circuit court,clarifying the scope of the case,concretizing and improving the judicial protection system for the judicial personriel,and improving the supervision mechanism of the circuit court.The establishment of the Circuit Court by the Supreme people's Court is an important measure.It has far-reaching significance for ruling the country by law and building a socialist country ruled by law,and has aroused widespread concern.
Keywords/Search Tags:Supreme People's Court, circuit court system, observation analyse
PDF Full Text Request
Related items