Establishing Courts Across Administrative Division From Perspective Of The Constitution

Establishing courts across administrative divisions is an effective measure to solve the shortcomings in the current judicial system.Currently,our country's jurisdictions are highly overlapped with administrative divisions which have caused many disadvantages: such juridical system not only strengthened the localization of jurisdiction which leads to the unequal distribution of judicial resources,it also impeded the unification of legal system and jeopardized the independence of judicial authority.Therefore,establishing realistic courts across administrative divisions is an effective way to break the localization of jurisdiction,rationally distribute judicial resources,safeguard the unification of legal system and guarantee the independence of judicial authority.When referring to deepening the judicial system reform,sometimes we tended to be divorced from the Constitution or to make it more vague,however,the Constitution is not only a general plan of governing our country,it is also a tactic of the rule of law which can provide conceptual,institutional and standard political and legal resources for the overall deepening of judicial system reform.Similarly,in the process of establishing courts across administrative divisions,we should not be divorced from the Constitution,instead,we should firmly rely on the Constitution to guarantee the constitutionality of every concrete measures and put forward improving strategies,thus to avoid violation of the Constitution of judicial system reform.Based on the meaning of courts cross administrative division in China,the paper explained that our country's jurisdictions are highly overlapped with administrative divisions and illustrated the constitutional objective of reform.Jurisdiction is national and independent,local courts represent the authority of the Constitution,which prepared the legal and constitutional ground for the establishment of courts across administrative divisions.The paper selected "Shanghai No.3 Intermediate People's Court","Beijing No.4 Intermediate People's Court" and the "Railway Transport Courts" these three "Circuit Courts" in pilot as samples to introduce their establishment background and jurisdiction,evaluate the results of pilot work according to related data analysis and put forward suggestions for improvement.The reform should be advanced step by step because it takes time to work,according to the status of existing court system,we must design a reform plan that meets the national conditions of establishing courts across administrative divisions in our country.The paper classified the pattern of establishing courts across administrative divisions,it explained the advantages and disadvantages of different patterns,such as " provincial cross-administrative divisions ","redistricting the judicial district","establishing special courts" and "dual-track system",and suggested to take two steps to realize the establishment of courts across administrative divisions.The first step is to establish provincial courts cross-administrative divisions based on "Shanghai No.3 Intermediate People's Court","Beijing No.4 Intermediate People's Court" and the "Railway Transport Courts".After the system is in smooth operation,the second step is to separate cross-administrative division cases from the circuit court,based on which to establish a High People's Court of cross-Administrative Divisions,thus to establish a national cross-administrative division court system with three levels.Institutional reform is closely related with authoritative constitution,therefore,we should not only guarantee the constitutionality of reform thinking,we should also has a clear understanding of the current situation of our country.In the system designing of establishing courts across administrative divisions,we should always guarantee the authority of the Constitution,and construct a scientific and legal system.