Changes In The New Law After The Implementation Of Grass-roots Court Trial Supervision Tribunal Function And Promote

The first part of this thesis will mainly discussion the current situation and two main functions of the Grass-roots Court for trial supervision tribunal prior to the new law of Civil Procedure enforcement.The second part mainly analyzes the function changes and the reasons in terms of rehearing review, examination of case quality, proceedings related to the cancellation right of a third person, objection against enforcement by a person who are not involved in the case as well as judicial efficiency management after the new Law of Civil Procedure came into effect. For example, firstly, the most noticeable change in the aspect of rehearing review is to rearrange the retrial cases from legal perspectives, which means that abundant retrial cases previously handled by intermediate and supreme courts will be passed down to grassroots courts, thus precipitating the conflict of cases outnumbering courts. Secondly, in the examination of case quality, all-round supervision and management of the trial procedures are needed apart from the regular, focused and specialized examinations, because only “data” can make each decision more scientific and accurate with the coming of the digitized era. Thirdly, as for the handling of proceedings related to the cancellation right of a third person, it has emerged against the backdrop of increasing malicious proceedings that infringed upon the rights of persons not involved. Shenyang has intended to entrust this type of cases into the hands of grassroots courts, administrative tribunals and trial supervision tribunals. Fourthly, the new function of handling proceedings related to objection against enforcement by a person not involved in the case is different from that of the above-mentioned proceedings related to the cancellation right of a third person. This new function is added to administrative tribunals and trial supervision tribunals, not only because it is required for trial supervision to cover trials and handle cases, but also because it is objectively needed to implement the avoidance system according to the rules and regulations of the Civil Procedure Law. Fifthly, with the coming of the digitized era, the new function of judicial efficiency management is added due to objective necessity. Good judicial efficiency management will contribute to the sustainable and virtuous cycle of the adjudication and enforcement work.The third part mainly discusses how to promote the five relevant functions following the changes of the administrative tribunals and trial supervision tribunals. For example, firstly, about rehearing review, there are issues like defining the jurisdiction over the rehearing review, specifically reviewing the cases with suggestions from prosecutorial organs and actively establishing the system of judge’s interpretation after the court decision. Secondly, work related to case quality reporting system, prior restraint, pro-seo regulation and error corrections will be enhanced to constantly drive up the quality of cases. Thirdly, proceedings related to the cancellation right of a third person are new content added after the implementation of the new Civil Procedure Law, and trial work has been conducted in several courts in Jinhua District within the province. This paper will give a brief introduction to the main content and the highlights of this system, and then put forward relevant coordinating and supporting measures. Fourthly, the handling of proceedings related to objection against enforcement by a person not involved in the case is different from that of the above-mentioned proceedings related to the cancellation right of a third person. It has been a big challenge as to how to curb the abuse of the remedy system of the rights of persons not involved in cases. Fifthly, in order to promoted the new function of judicial efficiency management, we have to do at lease three things better: established atrial-centric philosophy in the judgement; established more science and reasonable judicial management; every department should act in concert with the judicial management.