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

On October 23,2014,review by the fourth plenary session of the party's eighteen of on comprehensively advancing the rule of law "of the central committee of the communist party of certain major issue decision" formally put forward "the supreme people's court to set up the circuit court,major administrative and civil and commercial cases across the administrative areas." As an important part of the new judicial reform,the establishment of circuit courts by the supreme people's court is of great significance to the overall process and effect of judicial reform.Therefore,the writer holds that it is quite essential to make a scientific response to the circuit court setting,that is,the meaning,establishment background and institutional arrangement of the circuit court of the supreme people's court,and provide theoretical support for its further improvement and development.It is the first time for the supreme people's court to set up a circuit court in China,and it only took about two years from the preparation and trial to the national layout."Hurry on" circuit court of the supreme people's court in judicial localization virginity,alleviate the pressure of the of the supreme people's court case fruitful,but also exposed some problems in practice,these problems mainly displays in the circuit court of the supreme people's court for trial,wade's visit to the onerous task involving lawsuit and less effective for enforcement difficulty higher aspects and running expenses.In order to better realize the circuit court of the supreme people's court to set up the original intention,the author thinks that it is necessary to come back to the circuit court of the supreme people's court that more than two years of operation practice,combing with the review on the basis of "leak" to "fill a vacancy.Circuit courts are not unique to our country.From the perspective of comparative law,it is exceedingly enlightening to learn from some good practices in the construction of the circuit trial system in foreign countries,especially in Britain and the United States,and draw lessons from them.To sort out the circuit trial practices in foreign countries,especially in Britain and the United States,in order to obtain the beneficial enlightenment to the system construction of our country's circuit court isalso one motivation of this paper.It includes rationally defining "cross-administrative area" from horizontal and vertical dimensions,relying on Internet platform,realizing "Internet access" in connection with litigation and petition work,setting up an equipped executive organization of circuit court of the Supreme People's Court in circuit districts of Higher People's Court and strengthening the supervision for the circuit court of the Supreme People's Court from inside and outside.