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

With the development of the judicial reform,there have been more and more problems and contradictions in judicial field.Under this background,“The Chinese Communist Party Central Committee's decision on a number of important issues in relation to comprehensively implementing governing the country by law” decided to set up the circuit court of the supreme people's court for the trial of major administrative and civil as well as commercial cases,trying to not only break down judicial protectionism,but also optimize the functions of the Supreme Court.On December 2,2014,the seventh meeting of the Central Leading Group for comprehensively deepening reform approved "A pilot program of setting up the circuit court of the Supreme people's Court " and started the job at the end of December.The first and second circuit court were set up in Shenzhen and Shenyang.After that,approved by the central authorities,the supreme people's court set up another four circuit court successively in Nanjing,Zhengzhou,Chongqing and Xi'an.So far,there are six circuit court,combining with the jurisdiction of the supreme people's court,the jurisdiction has been full covered.This action is a big innovation of the new judicial reform and a crucial requirement for fully advancing the law-based government of the country.The circuit courts are agencies of the supreme people's court with the same legal effect.Meanwhile,from the point of view of the interests of citizens,the establishment of the circuit court will helpredress false and wrong cases,reduce people's appealing burden as well as solve problems of securing their legal rights.This article will discuss the operation mode of circuit court through the following four parts.The first part analyzes the background,functions and operation situation of the circuit court.Failure of solving the judicial localization,the increasing case trial pressure of supreme people's court and the more and more critical contradictions related to the lawsuit are the three main reasons of setting up the circuit court.The second part is mainly about the problems on operating the circuit court.At present,the circuit court is confronted with the following three issues:jurisdiction issue,failure of circuit effect and some organizational structure issues.The third part is about the comparison between the circuit court and circuit trial.In this part,England circuit trial and America circuit trial will be principally introduced.The circuit court of supreme people's court is different from these two countries',but learns a lot from them.At the end of this part,the first experiment of circuit court of Guangzhou National Government and MaXiwu trial mode are also presented.The last part is about how to improve and develop the circuit court.This part focuses on the system settings of the circuit,systems which related to the judges and relief guarantee system.The feature of this study is that the topic is novel,the circuit court has a great prospect of development,and it is also complex.It is also the focus of the national judicial reform.The innovation is to focus on reality and have a sense of problem,and put forward some thoughts and suggestions for the future development of the circuit court,hoping to benefit our establishment and improvement of circuit court.