Examination Of The Legitimacy Of The Establishment System Of Municipal Intermediate Courts

The Intermediate People's Court of the municipality directly under the Central Government can be divided into traditional municipal intermediate courts and new municipal intermediate courts.The Beijing Fourth Intermediate Court and the Shanghai Third Intermediate Court belong to the latter.Both have differences in court types,carrying tasks,range and standards of jurisdiction,and establishment models.The new municipal intermediate courts adopted the method of combining by local courts and special courts,realizing the combination of reform of special courts and crossadministrative pilot projects.Although there is no essential difference from the traditional intermediary courts,the use of case type standards rather than regional standards in new municipal intermediate courts has promoted the municipality's intermediary courts to become intermediate courts of local courts and special courts in nature,strengthened cross-administrative divisions feature,and also become the direction of its own reform.Of course,this kind of combining is only a spatial combination,which is utilitarian and temporary.Although the municipality's Intermediate Courts are independent courts,in terms of personnel generation,the High People's Court shares part of the nomination power.Combined with historical factors,the municipality's intermediary courts has an extremely close relationship with the Intermediate Courts.They have almost become a kind of “strip-in-the-lump” in the municipality's court system and have characteristics of the branch.In addition,cross-administrative courts also mean flexibility in jurisdiction and setting.Judgment of the legitimacy of the intermediary courts of municipalities directly under the Central Government can be carried out from two levels of constitutionality and rationality.The former requires consideration of the administrative division system,the generation system,the responsibility system and the trial level system;the latter requires four dimensions and standards from whether it meets the basic requirements of the establishment of institutions,the general goals of the establishment of courts,the overall direction of judicial reform,and the general laws of social development.The judicial region is independent,and it has only an indirect relationship with the administrative region.For the intermediary court,there is no constitutional obstacle to leaving from the administrative region.It is tacitly accepted by legislators and becomes the main way to overcome judicial localization.The constitution does not stipulate the level and quantity of "generation",therefore,it does not violate the "generation" system;the constitution deletes the requirement of "reporting work",and the municipality's Intermediate People's Court has supplemented the intensity of supervision through innovativing trial white papers and other methods.So it has legitimacy.In addition,the municipal intermediate courts also have the effects of decentralizing judicial resources,facilitating litigation,reducing reform costs,improving trial professionalism,making up for the lack of centralized jurisdiction and designated jurisdiction,and promoting cross-regional judicial integration and social governance,so it also has substantial legitimacy.The right to set up courts is divided into the right to regulate and the right to implement,the latter has subordination to the former.The right to set up courts is also a special judicial administrative power,and is restricted by the nature of judicial power.The dualization of the implementation of the establishment of the intermediate court in the municipality is a balance between the power and will of the central government,the balance of democracy and professionalism in the establishment of the court,and the overall planning of the horizontal and vertical configuration of judicial power.The judicial administrative management power obtained by the Supreme Law through the evolution of regulations and institutional adjustments has become a mature practice,and the establishment of courts requires professional judgment,which is also a requirement for the integration of judicial power.The Standing Committee of the Municipal People's Congress has the power to make decisions because of the spillover and democratic requirements set by the courts.This is where its power lies.Therefore,it is basically justified for the current municipality's intermediary courts to set up the configuration of implementation rights.The transition from maritime courts to intellectual property and financial courts has reflected the trend of the integration of the two powers.Therefore,the Standing Committee of the National People's Congress is a naturally qualified subject set up by the court.It not only has the power of macro regulation,but also the power of specific intervention.Although it has not been exercised due to objective restrictions,it can be activated at any time.To improve the legitimacy of the establishment of intermediate courts in municipalities directly under the Central Government,the participation of the Standing Committee of the National People's Congress is required.