The Supreme People's Court Visited The Court

As the judicial reform deepen, the problem and contradiction in the judicial area are more prominent than before. In this kind of background, Some major problems on comprehensively advancing the rule of law of the CPC central committee's decision hands out that establishing circuit court of the supreme people's court, dealing with major administrative and civil and commercial cases across provinces,owing to explode judicial local protectionism, optimizing the function of the supreme people's court. The first and second circuit court of the supreme people's court has been established in Shenzhen and Shenyang, they has made great progress in completing judicial responsibility system and developing judicial reform which the central is judge.In this way,the author thinks that it is necessary to talk and research circuit court system, solve the problems and difficulties in the process of circuit court of the supreme people's court, devote value in the high limit,deepen judicial reform. The first part analyzes and talk about the necessaries of establishing circuit courts. First of all, conquering judicial local protectionism. The root of local protectionism existing is the provincially of people's court itself, the establishment of circuit courts would strike and contain the interference and influence of judicial adjudication which refers to local protectionism. Secondly, it can convenient clients to take part in litigation, lower the cost of righting. Our country vasts in territory,plenty of clients need to waste time and money and take part in litigation, they cost a lot, the establishment of circuit courts can solve this kind of problems and make clients safeguard legal rights at home, in the same time, it can ease the impact of out comers. Finally, the supreme people's court create advantages in trial class system reforming. The problems in the process of judicial are owing to current system of "the second is the last", trial class system reforming is imperative,the establishment of circuit court of the supreme people's court is the firm foundation of trial class system reforming. The second part mainly analyzes and argument the feasibility of circuit court of the supreme people's court as to history foundation and advantages in reality. Through the vertical tease,lateral compare, it takes out that circuit court of the supreme people's court has strong vitality and adaptation, and can fit in the current situation of our country and solve problems in the process of judicial effectively. explode judicial provincially, protect the justice of judicial,give it support and develop completely.The third part mainly states the problems of circuit court of the supreme people's court in the process and find out reasons and analyze. First, the range of cases is fuzzy, it has disputes between theory and case, and the supreme people's court has not given clear range of cases, and then difficulties come out. Then, circuit court of the supreme people's court accept lots of petitions, these petitions influence normal function seriously,legal stuff spend a lot of time on petitions, deviate the original intention of the establishment of circuit court of the supreme people's court. One more, circuit court of the supreme people's court carries out cases also face to the problem of executive authority. circuit court of the supreme people's court is as the supreme people's court's agencies,it has trials of the supreme people's court, the cases which owes to circuit courts, if they are given to provincial courts, and the trials are not matched, it is necessary to insure and complete the executive authority. Finally, the circuit courts have been established, but relative systems are not completed, practicable of judging accountability, the forming of judges replacing and administrative apartment is still in the state of researching and need to solve and improve urgently.The forth part is that as to the problems in the process of circuit court of the supreme people's court, we analyze the reasons and then take out relative suggestions. Firstly, clear out the accepter case range of circuit court of the supreme people's court, make sure the role of circuit court of the supreme people's court in the area of circuiting which can shunt the stress. Secondly,developing the process of petition, in the way of shunting, propagandizing and educating, completing the dispute settlement mechanism and lightening the pressure of petition. Then, make sure the executive authority of circuit court of the supreme people's court and no single executive authority of circuit court of the supreme people's court, except of the current people's court which the level is under province, establishing expert regional executive courts and administrated by the supreme people's courts. Lastly, developing relative system and the policy of judges selecting and replacing, completing office construction and make the value of circuit court of the supreme people's court play to the extreme.