Research On The Reform Of Assizes System In Our Country

The assizes system in our country originated from “the trail mode of Ma Xiwu”, and on the basis of “principle of convenience for both court and litigants”. Now our country set off the upsurge of the assizes system,but with the development of socioeconomic, the traditional assizes system exposed the dramatic, formal and other problems, cannot meet the needs of today’s legal practice. In the context of judicial reform, it is necessary for us to rethink its systematic ideal and re-understand the judicial neutrality of assizes system. Then make people close to the concept of justice, balance the caseload of different place through the assizes system,and make the assizes system as an important starting point of judicial reform in our country.The first part is the reflection on the assizes system. Through historical investigation on assizes system and comparison of assizes system in Britain the United States, France, Japan and Korea, we can learn that the function of assizes system is to maintain imperial power against local separatist in feudal society. But in the second Sino-Japanese war and the Civil war period, the purpose is to facilitate the proceedings.And after the Third Plenary Session, there is a special law to set the assizes system, a tendency to institutionalize the assizes system and a practice of assizes system in our Court system. Although it is called assizes system in Britain the United States, France, Japan and Korea, butit is pluralistic instead of unified. Then the author point out the problems of assizes system, such as the dramatic trial mode, the trial result in the case of serious re-conciliation, judicial neutrality, impartiality, the assizes system operation is not standardized and so on. The author suggests achieving justice for the people, breaking local protectionism, reforming the judiciary to optimize resources, improving judicial efficiency in order to reconstruct the assizes system.The second part is about the systematic construction of assizes system. Taking Guizhou as an example, the author analyzed the feasibility of rebuilding the assizes system and the principle of assizes system. And then make clear of Senior, intermediate and junior, three levels and jurisdiction of Circuit court mode, the level of circuit court and the relationship between the supreme people’s court and local courts.The third part is basis on the systematic construction of assizes system, putting forward the concept of assizes system’s operating mechanism. Through presetting the scope of accepting cases in different levels of circuit court, to put forward the internal organizational structure of circuit court, the organization and selection of judges, the support measures such as wages. Finally, from the two aspects of the quality evaluation index and the quality evaluation method establishing the evaluation system of trial quality.