On The Construction Of Courts Across Administrative Divisions In Our Country

In ancient China,local administrators not only managed local administrative affairs,but also tried local litigation cases.This system of administrative and judicial integration is easy to lead to local judicial corruption,and has been widely criticized in history.After the founding of the people's Republic of China,the judicial power and the executive power were separated,but the local courts at all levels were still set up in accordance with the division of the local administrative units one by one from the whole point of view.The personnel appointment and removal of the court and the financial supply are controlled by the local party and government organs.The local administrative power interferes with the judicial power from time to time,and the problems still exist,such as the difficulty of filing a case,the difficulty of trial,the difficulty of execution and so on.In order to realize the DE-localization of judicial power In 2004,the fourth Plenary session of the 18th CPC Central Committee proposed "exploring the establishment of people's courts and people's procuratorates across administrative divisions and handling cross-regional cases," so as to get rid of the restraint and interference of local administrative organs on the courts.Ensure that the court is independent in accordance with the law and that the judicial power is exercised impartially.As soon as the reform idea of "exploring the establishment of the Cross-administrative-region Court" is put forward,scholars have put forward various schemes to construct the Cross-administrative-region Court one after another.At present,the most popular point of view in the field of law theory is to abolish the local district court,redraw the judicial area in the national scope,construct the four-level cross-administrative-region courts,and manage the human and property affairs of the courts at all levels by the central government.This article opposes this,advocates to retain the existing administrative division court system.On the one hand,the local administrative division court has its own existence value.The courts established in accordance with local administrative divisions have a clear jurisdiction,which is convenient for the parties to bring proceedings,and can enhance the concentric force between different organs in the same area,and the majority of cases can be tried fairly in the grass-roots people's courts.On the other hand,judicial reform should be based on the national conditions.There are more than 3500 courts and hundreds of thousands of relevant public officials in our country.It is very difficult to redivide the judicial districts throughout the country and to carry out the central administration of people and property.The huge amount of this reform is really difficult.Imagination,and improper operation,may also lead to the administration of justice in the court system.The correct understanding of the reform concept of the proposed "The construction of the ordinary case in the administrative district court,the special case in the administrative district court of the litigation pattern" in the center can help us to grasp the focus of the design of the cross-regional court system.The special case that meets the "Cross-region,major,and vulnerable to local factors" standard is a few,plus the existence of specialized courts such as the intellectual property court,the maritime court,the financial court and so on,and the "special case" that is finally to be heard in the grass-roots court is less.In addition,if a cross-administrative-region court is set up,it is necessary to establish a public prosecutor's office across that administrative division.The Fourth Middle School of Beijing as the Reform From the establishment of the trial on December 30,2014 to December 1,2015,only 30 criminal cases have been accepted.If you insist on setting up a cross-administrative-region court at the grass-roots level,how will the corresponding cross-administrative-region procuratorate be constructed?.In addition,special inter-provincial cases may be governed by the Circuit Court of the Supreme people's Court,and there is no need for higher inter-administrative courts to be established.Considering the current situation of accepting cases and the cost of reform,this paper argues that only middle-level the Cross-administrative-region Court should be set up,and the management of human and property should be administered at the provincial level.The concrete construction of the cross-administrative-region court should be combined with the transformation of the railway transport court.Since its establishment,the railway transport court has gradually exposed a variety of problems,but its special management system,jurisdiction across regions,professional trial team and so on,are precisely the advantages of transforming it into a cross-administrative-region court.The third Intermediate people's Court of Shanghai and the fourth Intermediate people's Court of Beijing are relying on the reform of railway transportation court and have achieved satisfactory results since its establishment.However,in the course of the work of the trial courts,it is slowly revealed that the jurisdiction of the case is not clear,the litigation cost is increasing,and the formation of the judge team is difficult and so on.In the future,the Central Committee should make a summary test.On the basis of the experience of the reform of the courts,the legislation stipulates the specific scope of the jurisdiction of the cases of the courts in cross-administrative divisions;We should strengthen the information construction of the court,popularize and apply the online filing system and the remote trial system,and give the parties to the case the right to choose the court under their jurisdiction,and also add various kinds of talents to attract measures,organize judges to participate in the training on a regular basis;In addition,we should strengthen the internal and external supervision of the courts,set up disciplinary committees for judges at the provincial level,improve disciplinary measures,and put power in the cage of the system.