Research On The Circuit Court System Of The Supreme People’s Court

Based on the successful establishment and operation of the circuit court system of the Supreme People’s Court,this paper takes the original intention and purpose of the establishment of the circuit court as the basis,combines with a large number of domestic and foreign studies on the circuit court system,aiming at finding out the excellent experience and shortcomings of the operation of the circuit court system in China,taking the circuit court as the model of future courts in China,and promoting the excellent operation mechanism.At the same time,rational analysis of the reasons for the operation of the circuit court system,find reasonable solutions to improve the circuit law system,achieve judicial justice,and contribute a meager force to the reform of China’s judicial system.By using the methods of documentary study,causal study and system analysis,the paper finds that there are many successful experiences and problems in judicial reform in the operation of the system on the basis of demonstrating the causes and functions of the establishment of the circuit court.Because the trial level of the circuit court is located in the Supreme Court,the staffing of the circuit court is partly from the local courts,which results in the ineffective localization of its judicial functions;the trial level of the circuit court directly leads to its narrow scope of acceptance;the post system reform of the courts in our country leads to a sharp increase in the demand for trial assistants while the imperfection of the management system of trial assistants results in the imbalance of demand and supply.。 In view of the limited function of the circuit court in judicial localization,it is suggested that the relationship between the circuit court system and the cross-administrative courts should be properly handled,and the circuit court should be regarded as the appeal court of the cross-administrative courts.Dealing with the division of labor between the circuit court and the Supreme People’s Court correctly,we will return part of the jurisdiction of the cases of Beijing,Tianjin,Hebei,Shandong and Inner Mongolia,which are accepted by the Ministry of the Supreme Court,to the circuit court,at the same time,we will increase the jurisdiction of the death penalty review cases of the circuit court,so as to minimize the trial pressure of the Ministry of the Supreme Court.It is suggested that the management system of adjudicators should be improved,the source of adjudicators should be expanded,and the assistant judges of circuit courts should be used as the pre-selection procedure for the judges of the Supreme Court.To improve the treatment of clerks and provide staffing positions for outstanding technicians,the experience of assistant judges working in circuit courts serves as an important reference for promotion.