Analysis Of The Circuit Justice Apply To The Civil Cases Involving Foreign Factors

With the development of China's export-oriented economy and the increasing frequency of foreign-related contacts,the number of foreign-related cases is growing,and foreign-related trials have also received increasing attention.Although regulations and policies are frequently introduced,the quality of trials in foreign-related cases has not beenimproved significantly.The judgement obviously lacks reasoning,not to mention satisfying the requirements for excellent verdicts,which are the judgement should be based on the reason,strictly abide by the jurisprudence,cite the theory reasonably.On the issue of how to apply the law,it is fairly common to invoke only the rule of law.The disparity in the quality of judgment documents reflects the dilemma that China's current level of foreign-related trials cannot adapt to China's foreign-related judicial practice.Foreign-related trial reforms are imminent.The low quality of trials in a small number of cases can be attributed to the quality of judges.However,if such trials inforeign-related cases are conducted for a long time,the underlying causes should be investigated.Facing the actual situation of trials inforeign-related cases,conflict law scholars should take the lead and consciously integrate themselves into the tide of judicial reform.They should actively explore more practical and feasible methods for trials inforeign-related cases to ensure that the parties can facilitate litigation and the judges can make high-quality and efficient judgments.Only those who are reformers will advance,and those who are innovators will be strong,and those who are reformers and innovators will win.In the context of globalization,the number of foreign-related cases has increased dramatically.Improve the quality of trials in foreign-related cases,let the judgments of China's courtsgo abroad and obtain the recognition of the international community are wishes of several generations of conflict law scholars in China.To make our foreign-related judgments more influential and effective ininternational arena,we must innovate on the system.Given that the circuit court of justice in China develops quickly,can we use it skillfully to introduce the circuit trial system into the trial of foreign-related cases?For this reason,the author has discussed the origin and foundation of the circuit trial system from the perspective of comparative law,and collected the referee documents of foreign-related cases for five yearsfrom the perspective of empirical analysis.Based on the current situation of China's foreign-related trials,the author has comprehensively considered the feasibility of grafting circuit trial systemon to foreign-relatedtrial system,and put forward relevant advice on system construction.The first chapter discusses the present situation and dilemma of foreign-related cases in China.This part analyzes the current situation of foreign-related cases from both theory and practice.On the one hand,it analyzes the current situation of the theoretical research onforeign-related cases in China,and in the process of the analysis,the deficiencies in the theoretical research and the bottlenecks encountered inforeign-related cases are refined.On the other hand,it analyzes the current judicial practice of foreign-related cases in China,and it is mainly based onforeign-related cases that have been published by the Chinese referee and discusses thepresent situation and predicament of China's foreign-related cases in judicial practice.The second chapter introduces the origin and development of the circuit justice mode,which is discussed from both abroad and domestic.On the one hand,it studies the origin and development of the mode of foreign circuit justice,and analyzes the background,causes and development of the circuit justice systemaccording to the mode of circuit trial from origin to development.On the other hand,it combs and integrates the circuit justice mode in Chinafrom both ancient and modern levels,and analyzes the formation causes and vitality of the similar circuit justice mode in China,aiming to explore whether the modern circuit justice mode is suitable for China's national conditions.The third part is to return to the core of this paper to discuss the feasibility of adopting a circuit justice modein China's foreign-related cases,mainly from the aspects of theoretical legitimacy,rationality in practice and possibility of modeconstruction.First of all,it demonstrates the theoretical legitimacy,from the current domestic law of China,it does notexclude foreign-related cases to take the circuit justice mode.Secondly,it analyzes the rationality in practice,and discusses the cases in which the judges and lawyers ignore the foreign-related cases.Finally,it analyzes the possibility of the construction of the circuit justice mode of foreign-related cases and the development of the main similar system to explore the possible problems of the circuit justice mode of foreign-related cases.The fourth part deals with theconstruction of thecircuit justice mode of foreign-related cases.The construction of the circuit justice mode is mainlyfrom the aspects of circuit division,circuit justice level,selection and flow of judges,and supervision of circuit judges.