Study On Trial Courts’ Functional Reformation In Supervision Tribunal

With the implementation of Civil Procedure Law on January1st2013, the party that candirectly apply for a retrial to the upper People’s court, can also apply for a retrial to the trialcourt, on condition that there are more than two people in one party or that both parties arecivilians. According to the Civil Procedure Law that was published on April1st2008, theretrial should be applied to the upper People’s court and the trial courts no longer accept theapplication for retrial case directly. Facing the legislative change, trial courts not only hasbeen weaken the functions in judicial supervision about the case retrial in our country, butalso functions’ marginal trend has become more and more obvious under the conditions ofprovisions of the application for retrial rehearing to the upper People’s court in the civilprocedure law. Therefore, in academic and judicial practice, there are arguements about theexistence and abolishment of the supervision tribunal in trial courts. Those who assertedabolishment of the supervision tribunal in trial courts believe that the supervision tribunal isset up specifically for the few number of retrial case, wasting the limited trial resources in realconditions. However, the men asserted reservation of the supervision tribunal in trial courtshold the opinion that even the quantity of retrial case is limited in the trial courts, but it cansolve the disputes in the trial courts. The trial supervision tribunal should not be abolished,instead, we should strengthen the power of the trial supervision tribunal and allocate functionsof the supervision tribunal in trial court, offering it new functions including case processsynchronous supervision, case quality supervision and management.The function’s reformation of reconfiguration and working mechanism play a veryimportant role in trial courts, since the Civil Procedure Law was amended in2008. With theimplementation of Civil Procedure Law on January1st2013, it has given a retrial of thejurisdiction to the supervision tribunal of trial court. Although this legislative change meansthat some of the retrial cases will be under the jurisdiction of the trial court for supervisiontribunal, it is still necessary to continue to explore its function’s reformation and innovation,aiming at adapting to changing legislation and judicial practice.This essay attempts to study through the comparative method of the relevant legalprovisions in foreign countries, combining with our country’s legislation and judicial practices,discuss the problem deeply, and come up with the conception of the innovation of supervision tribunal function in the trial court, hoping to benefit the reformation and innovation ofsupervision tribunal function in the trial court in China. The essay is divided into five parts,with more than30,000words.The first part introduces the history of the development of the supervision tribunal andreform background in trial courts in our country. With the tide of reform of trial supervision,the trial courts of all places in order to meet the needs of internal and external supervisionsituation based on the principles of error correction, and the trial supervision tribunal isestablished legally to maintain judicial independence, authority and impartiality. The essayalso points out the problems existing when a party applies for a retrial in judicial practice.After the Civil Procedure Law was revised in2007, the cases are decreasing and functions areweakening in supervision tribunal of trial court. Acording to this phenomenon, the essay alsoputs forward the necessity of reform.The second part is about the abolition of war of supervision tribunal in trial court. Thisessay describes the viewpoints of the abolition of supervision tribunal in trial court, and pointsout the existence of its value in theory and practice in the supervision tribunal trial court. Theauthor shows his opinion of keeping the existence of supervision tribunal in trial court.According to the survey, the essay expounds the present situation of the supervision tribunalof the institutions, functions and personnel allocation etc in trial court and points out theproblems.The third part shows the investigation on institution-setup and retrial jurisdiction ofcourts of other countries. Court constitute exists differently in the different law system. Thisessay discusses in detail the court structure of typical countries of the two law systems and theretrial jurisdiction, including France, Germany, the United States and other countries. In orderto provide experience and reference, we can get inspiration from the comparative study of thesupervision tribunal’s function innovation in trial court in our country.The fourth part talks about the function innovation of supervision tribunal in trial court.On the one hand, the essay discusses the ideas and content of reformation, explaining therationality of supervision tribunal function’s reform and innovation in trial court, expoundingfrom the organization, function, personnel. According to the essay, we should set the retrialand small umpire dissent group, case process supervision and management group, and case ofquality supervision assessment group in the internal institutions of supervision tribunal in trialcourt. In the function of institution, different departments have different functions. In the personnel, we should strengthen the team of supervision tribunal in trial court, and implementpersonnel rotation system to perfect its staffing.On the other hand, it points to the legislativesuggetions about supervision tribunal function’s reform and innovation in trial court.