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The Study On The Circuit Court Of The Supreme People's Court

Posted on:2019-12-10Degree:MasterType:Thesis
Country:ChinaCandidate:J C LuFull Text:PDF
GTID:2416330545958135Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The Circuit Court of the Supreme People's Court is a judicial system that is innovated by the ruling party under the background of comprehensively governing the country according to the law.It embodies the ruling party's idea of promoting judicial justice for the convenience of the people and the judiciary for the people,as well as the strategic determination to realize judicial fairness and judicial fairness.The Circuit Court is a permanent jurisdictional institution designated by the Supreme People's Court as a designated inter-regional jurisdiction.It exercises the trial powers of the Supreme People's Court in local areas,and is responsible for linking and linking the functions of the High People's Court and the Supreme People's Court in the areas.In China's long-term trial practice,courts at all levels have derived a series of problem—a large number of lawsuits in the country,petition flocked to the Supreme People's Court,and changes in the functions of the highest judicial organs;the judicial administration of the courts below the provincial level,localization of justice,jurisdiction regionalization,many unfavorable factors affect the fair justice of the court and aggravate the parties' complaints.The Supreme People's Court has absorbed the beneficial elements of the judicial tour system both at home and abroad,creatively reformed the traditional Ma Xiwu trial method and extraterritorial experience,and applied it to court reform in the new era.The Circuit Court of the Supreme People's Court has the characteristics of the purpose of the recruitment from the central to the local of the British tour review,as well as the formal features of the "Walking&Pedagogic" points of the United States Circuit Court,reflecting the distinctive characteristics of the era of legal transplantation.The Circuit Court drew on experience and regulated the national governance and the relations between the central and the local governments,aiming at solving the inherent difficulties and external contradictions of the judicial system.At present,the construction of the Circuit Court of the Supreme People's Court is in the first stage.It has launched pilot trials of court reforms and led the reform of China's judicial system.The Supreme People's Court has laid out six major circuit courts across the country.The highest judicial power has been relocated to places,distracting the handling of the case from the department,the pressure of receiving visits,showing the authority of the central government,and bringing about multiple positive effects.The Circuit Court simplifies the organization,implements a flat management mechanism and the presiding judge's responsibility system for handling cases,and explores solutions to the inherent difficulties of judicial administration.The Circuit Court cross-provincial administrative divisions refereeed cases,promoted the protection of the central power and the tour of judges' term,and eliminated the negative effects of judicial local protection.The Circuit Court tried out new rules such as "explanation right","arbitration reason","last question" and "interrogation registration system" to ensure that the parties' litigation rights are fully implemented before and after the trial,and the principle of implementing the law for the people is fully implemented.The Circuit Court of the Supreme People's Court innovative approach to justice administration is a great practice of the socialist judicial system with Chinese characteristics in the new era.From the embryonic form to maturity,the circuit court system needs to pass the test of time.It also requires reformers to further improve the top-level design.Adhering to the leadership of the party is the foundation for the reform of the political system and the judicial system.It has grasped the correct direction of the reform and strengthened the confidence of the entire society in judicial authority.The normative basis for a complete circuit court is to ensure that the court reform is based on law and seizes the core connotations of the construction of a country under the rule of law.The Circuit Court is the prelude to the centralization of justice.Only the reformer accurately position the Circuit Court,and the judicial reform will have the vitality.The Chinese judicial system can win the opportunity of the times.
Keywords/Search Tags:the Circuit Court of the Supreme People's Court, justice centralized, system reform, judicial control, staged reform
PDF Full Text Request
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