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

Posted on:2019-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:Z M WangFull Text:PDF
GTID:2416330578479019Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The establishment and landing of the circuit court set up by the Supreme People's Court,which can eliminate localization of justice and optimize the functions of the Supreme People's Court.It is the result of further deepening of the judicial reform in China.Since it is a new system,it still exists deficiency during operating.It is necessary to conduct in-depth analysis.This article takes the Supreme People's Court s circuit court system as the study axis and reference point and aims to make a contribution to the judicial reform that will continue in the future.The body of the article is divided into four parts:The first part elaborates the setting background,establishment process and internal mechanism of the circuit court system of the Supreme People's Court.The Supreme Court's circuit court system was created in the context of a comprehensive legal administration of the country's judicial reform,the overwhelming burden of the Supreme Court,and the lack of trial capacity of the local courts.The establishment of the Circuit Court of the Supreme People's Court experienced the first trial of the First Circuit Court and the Second Circuit Court to cover the full establishment of the six circuit courts nationwide.The Supreme People's Court Circuit is the Supreme People's Court dispatched institution and is subordinate to the Supreme People's Court;its function is to hear cases within the scope of its jurisdiction,and has the power to make all judgments,rulings,and decisions;The Supreme People's Court Circuit mainly receives administrative and civil cases across administrative regions.The second part discusses the setting concept,function and practical significance of the Supreme Court's circuit court system.The Supreme People's Court Circuit system is based on three core legal principles of judicial efficiency,judicial fairness and judicial convenience.The function of the Supreme Court's circuit system is mainly reflected in the supervision of local courts in the fair administration of justice,the elimination of local protectionism,the optimization of the functions of the Supreme Court,the resolution of local destabilizing factors,the guidance of the local courts in the fair administration of justice,and the guarantee of uniform implementation of laws.The practical significance of the Supreme Court' circuit system is to resolve disputes on the spot,facilitate party litigation,give full play to the exemplary role of the judiciary,increase the credibility of the judiciary,ease the pressure of the Supreme People's Court on adjudication,and increase the efficiency of litigation.The third part analyzes the operation status and existing problems of the Supreme Court's circuit system.The system of the Circuit Court of the Supreme People's Court is currently running at normal,with many trial cases and high closing rates,and multi-party exploration and innovation trial systems.The main problems currently existing in the circuit court system of the Supreme People's Court are that the internal mechanism is not perfect,which is mainly reflected in the lack of supervision mechanism,ambiguity in the trial grade setting,and the functional center of gravity;secondly,there is a certain degree of difficulty in the resolution of local protectionism;The third is the shortage of judicial resources.The fourth part proposes some suggestions for the main problems existing in the current court system of the Supreme People's Court.First of all,on the internal mechanism of the Supreme People's Court Circuit system,it is necessary to establish a monitoring mechanism,specify the setting and scope of the trial,and prevent the deviation of its functions.Secondly,the lack of experience of the Supreme People's Court Circuit should ensure that the Supreme People's Court will tour.The independence of the court and the support of people and property in order to improve the ability of the Supreme People's Court to smash the localization of the court;once again,it is necessary to rationalize the judicial resources,establish a selection mechanism for the judges of the Supreme People's Court to go to court,and create a variety of new ways to receive petitions.
Keywords/Search Tags:circuit court, Judicial localization, Judicial justice, Judicial convenience, Judicial efficiency
PDF Full Text Request
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