On The Reform Of The Railway Transport Court In China

All along, the Railway Transport Courts has been criticized as the company's own court, railway transport courts in June 2012 was divorced from the management of the railway enterprise management, comprehensive to the national judicial system, many scholars, lawyers, judges considered, it should be revoked also because of its subject unknown, lack of credibility of the judiciary and other issues. June 3,2016, The Supreme People's Court held a research forum in Guangzhou on the establishment of across administrative divisions reform, one of the topics for discussion at the meeting that "Whether to retain the railway transportation courts formed in the future ".It can be seen whether the revocation of the railway transport courts is a topic that is being discussed across the country. At this stage, The party's Fourth Plenary Session of the eighteen offered to set up across the administrative court based on railway transportation courts, the national railway transport courts are actively exploring how to reform the cross administrative divisions of the court, therefore, it is important to study the reform of the railway transport courts in the future. In the first part, the paper introduces the development course and basic situation of the railway transport court; the second part analyzes the various problems existing in the railway transport courts, author analyzes from four aspects of setting function, legislative, judicial and practical,through the data show, the actual case to prove the existence of the shortcomings of the railway transport courts; this leads to the third part of the debate about the issue whether the railway transport courts should exist, and the reasons for the reservation or revocation of the railway transport courts are introduced, here the author puts forward his own opinions and suggestions for revocation of the railway transport courts, the paper discusses why the Central Committee of the party has not revoked the railway transport courts at this stage, and transformed it into a cross administrative division courts, and introduce the reform practice of the national railway transport courts, analysis of the advantages and disadvantages of the three kinds of reform model; In the fourth part, the author according to the national railway transportation courts reform practice, puts forward some suggestions for the development of the reform for cross administrative divisions of the courts.