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On the Circuit Trial System in China

Author: YanXiaoYing
Tutor: XuZuo
School: Southwest University of Political Science
Course: Procedural Law
Keywords: Assizes Historical Evolution Problem Perfect
CLC: D926.2
Type: Master's thesis
Year: 2009
Downloads: 197
Quote: 8
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Abstract

Assizes system is China an important part of the judicial system, it is the people's court as a judicial philosophy consistently convenient public trial of a flexible way, in the decades since establishment has played a positive role. In China, the assizes system was vigorously from the beginning of the establishment, in the later course of development has gradually withdrew from the focus of the work of the people's court, but in practice the last few years there has been a trend revival. Supreme People's Court in a series of normative documents emphasized the importance of assizes system, in practice a lot of people across the country to vigorously promote assizes court system, work will be carried out assizes work as a highlight of the People's Court. Assizes system in contemporary Chinese judicial practice revival worth thinking about: Why assizes system in our country can long exist and appear in the current revival of the practice of a trend? Current system of assizes what are the problems should be solved? Based thinking, this selection will be touring our judicial system as the research object. Addition to the introduction and conclusion, is divided into five parts: The first part describes the system of assizes Historical Evolution and influencing factors, first of all sort out our assizes system to build, develop, weakening the historical evolution of revival, followed by analysis of the impact of assizes system on several factors, including judicial philosophy, politics, and social environmental factors. The second part analyzes the operation of the system of assizes like state and identity, mainly through written materials and supplemented by empirical research methods, the use of text analysis and empirical research shows the description of the system of assizes in practice the operation of the kind of state. On this basis, the paper summarizes the characteristics of assizes system, namely the circuit to close the case, local court, focusing on mediation, the relative concentration of the types of cases, the main application of summary procedure. The third part analyzes the function of assizes system. This section from the perspective of the people and the State two functions of assizes system launched Analysis: From the perspective of the people investigated, assizes system is able to facilitate people's actions to reduce the public burden of litigation; visits from a national perspective, there assizes system conducive to the rational allocation of limited national judicial resources in a timely manner to resolve disputes, maintaining social stability, popularizing and propagating, the rule of law. The fourth part analyzes the system of assizes problems. This paper points out these major issues include: justice for the people, saying the legislation is too abstract principle, inadequate physical security, lack of communication between the Tribunal and grass-roots organizations and local justice and order in modern conflicts. The current system of assizes in practice there has been a trend revival, so assizes system to analyze the problems of great significance. The fifth part of assizes Perfection suggested. In view of the assizes system problems, this article suggests the following aspects of the assizes improve the system: clear goals, adapt to China's judicial reform-oriented and requirements; improve legislation and to promote the rule of law assizes system and standardization; enhancing substances Court security, reduce system operating costs; establish the Circuit Court and grass-roots organizations communication mechanism; expand assizes system functions to find the best judicial effect. In this paper, the contemporary Chinese still need assizes system, but the system should be carried out on the assizes reasonable position. Assizes system has a certain role, you can not totally exclude them; But assizes use of the system should also be limited to needs, not the blind pursuit of form. This article is based on legislation and judicial practice of assizes conducted a systematic analysis of the system, and for the system of assizes problems made suggestions for improvement. This is a modest contribution to this article. As the investigation resource constraints, this system runs on China assizes understanding of the real situation and other issues that may exist is not deep enough, need to be further strengthened.

On the Circuit Trial System in China

Abstract

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