Research On The Effect Of Removing "judicial Localization" Of The Second Circuit Court Of The Supreme People's Court Of China

"Judicial Localization" is a phenomenon of judicial alienation,which brings enormous challenges to the independence of the judiciary,impartiality of judiciary,and the unity of the judiciary.It has influenced the development of nomocracy in China in the long term.The Third Plenary Session of the 18 th Central Committee of the CPC and the Fourth Plenary Session of the 18 th Central Committee of the CPC has been convened,which held a comprehensive deepening of the new round of judicial system reform."De-localization" has become one of the two major directions of judicial reform.As an important measure for a new round of reform of the judicial system,the establishment of the Circuit Court of the Supreme People's Court has attracted enthusiastic attention from many scholars.Most scholars believe that it has been given an important mission of removing the "Judicial Localization".Since the First and The Second Circuit Courts began operating in January 2015,now there are six Circuit Courts,which have been established one after another and have covered most of the jurisdictions of the country.However,during practice,some scholars pointed out that the Circuit Court of the Supreme People's Court did not play a good role in the function of removing the "Judicial Localization".Based on this,this article takes The Second Circuit Court of the Supreme People's Court as the research object,and analyses data and cases of the inter-provincial civil and commercial cases which were trailed by The Second Circuit Court of the Supreme People's Court and conducts interviews of the judges of civil and commercial affairs of The Second Circuit Court.Through the above methods,what this article researched is the practical effect of the function of removing the "Judicial Localization" in The Second Circuit Court.This article mainly references the ideas of data analysis ideas in “Reverse Choice in Lawsuits and Its Explanation——An Empirical Study of Written Judgments on Contract Disputes by a Grassroots Court” which written by Zhang Weiying and Ke Rongzhu.It focuses on this question,that is whether the geographical relationship between the parties to the lawsuit and the court of the original trial will have an impact on the outcome of the cases about civil and commercial cases in the trail of The Second Circuit Court.This article presupposes a conclusion that the function of removing the "Judicial Localization" of The Second Circuit Court was demonstrated by the Second Circuit Court's role in correcting cases of protection proneness in areas of jurisdiction where the High People's Court has jurisdiction over jurisdiction.The study finds that in the cases of second instance jurisdictional opposition and second instance,or in cases of application of retrial and retrial cases,the foreign litigants are not satisfied with the original adjudication,and the number and proportion of appeal or retrial applied by whose is significantly higher than that of the local litigants'.In the appeal and retrial application procedures with abundant sample number,the deviation-rectifying rate of the foreign litigants by The Second Circuit Court(that is,the proportion of cases that were overruled or vacated and remanded)was also significantly higher than that of the local litigants.It can be inferred that in the trial process of the court of first instance,there existed the phenomenon of "Judicial Localization",and the Second Circuit Court had a certain deviation-rectifying effect on this phenomenon.Combining with interviews with the judges,who trail the civil and commercial cases in The Second Circuit Court.This article argues that The Second Circuit Court has indeed played a role in the function of removing the "Judicial Localization" in practice,but the effect of this function is not obvious.There are three main reasons for it: First,the main functional positioning of the circuit court is to resolve disputes in the local area.Secondly,the circuit court is consistent with The Supreme People's Court in positioning the level of trial.Thirdly,the fact is that hearing the civil and commercial cases and administrative cases are not the main content of duty of the Circuit Court.This article argues that the Circuit Court should do the following three things to exert the function of removing the "Judicial Localization".First,it must properly adjust the current jurisdiction system of the Circuit Court.Secondly,it should coordinate the relationship between the Circuit Court and “Cross Administrative Court” to avoid the conflict of jurisdiction.