Study On The Judicial" De-localization" Of The Circuit Court Of The Supreme People's Court

Since the fourth plenary session of the party's 18 proposed"comprehensively promote the rule of law" since the decision of,actively promote the reform of the judicial system in our country,to solve the problems existing in the judicial field,many exploration of reform of the judicial"localization"as the deep waters of the judicial reform in our country,subject to multiple factors such as history and reality and stumbled.Is different from and the integration of regional judicial system with local characteristics,produced by the discussion of"judicial localization"refers to the judicial organs and their staff in the judicial activities by the local authority and administrative units or between individual intervention or control,lead to the loss of power and independence,make the judicial power to local power to maintain the interests of the local tools,interferes with judicial independence and form a kind of local protectionism.In addition to the introduction and conclusion,this paper is divided into five parts:The first part of the paper through discussing"circuit court" system in our country's historical origin and its historical evolution,to explore the circuit court system has the history of the soil and the reality basis,through the analysis of the causes of"judicial localization"problem and real harm,to clarify the background and necessity of the supreme people's court to set up the circuit court.The second part focuses on the effect of the circuit court's establishment so far in eliminating judicial"de-localization".It relieves the pressure from the local people's courts on people,property and material matters,and is conducive to ensuring the impartial and independent exercise of judicial power.In addition to breaking the shackles of local human relations and society,it also helps improve the case-handling level of grassroots courts and plays a supervisory and guiding role in the trial of grassroots cases.The third part mainly discusses the realistic dilemma of"de-localization"reform of circuit court under the current background.The establishment of the circuit court has played a great role in breaking the shackles of local protection forces.First,,localization"of long-standing make judicial credibility is being challenged,and how to guide people to set up for trial across the administrative division of confidence,drive circuit court of the orientation of"localization"functions and case-hearing level and scope of accepting cases further clear,promote the understanding of the circuit court of the system design and recognition,so as to maintain the public opinion of the judicial justice,give full play to the circuit court in the expected effect on the level of"localization”,we need to further explore the implementation.The fourth part of the article from the perspective of comparative law,contrast the rise and fall of the medieval England assize system evolution,from the age background to explore the necessity of to set up the circuit court under different conditions and differences,through drawing on the successful experience of the circuit trial system and failing lessons,in order to further improve the circuit trial system in China to provide some reference and enlightenment.The fifth part,by summarizing the foregoing,puts forward the enlightenment on further perfecting our circuit court in the future.We see that the circuit court as a new thing,we need to continue to explore,improve and develop,in the future we shall further clear circuit court function positioning and case-hearing level positioning,will mainly focus on the reform of the judicial"localization"problem,reasonable dividing circuit court case-accepting scope,on the premise of improve circuit judges professional guarantee system effectively improve the efficiency of the circuit court judge,Put the function of the circuit court into effect.Along with the continuous deepening of the reform of new round of,localization"of the social from all walks of life to the circuit court of highly anticipated functions and high expectations,experts and scholars of law and legal workers are trying to explore the real road suited to China's national conditions of judicial reform,we should make objective clearly in the face of the current achievements and shortcomings,fully prepared,summing up experience and lessons,and establish a set of organic coordination reform system,so as to realize the great goal of deepening the reform of the judicial system.This paper,from the perspective of the circuit court system in our country origin analysis,summarizes the circuit court established in the judicial results on"localization"work,compared to summarize the current our country the predicament of reality in the circuit court,and through the development and change of the reference to the circuit court of the middle ages,explore the future to further improve the method of the circuit court and path,in the removal of judicial"localization"effect on exerting greater problems.