Operational Mode Of The Circuit Court Of The Supreme People's Court

The Central Committee deliberated and passed 'The Chinese Communist Party Central Committee's decision on a number of important issues in relation to comprehensively implementing governing the country by law' proposed the decision to set up the circuit court of the supreme people's court for the trial of major administrative and civil as well as commercial cases.The set up a circuit court,is a major innovation in the new round of judicial reform of China.The circuit court not only represents the Supreme People's court(SPC),but also a composition of the SPC,thus the judgment,adjudication and decision it made has the equivalent power as the SPC.The establishment of a circuit court has erected a bridge of communication between all courts at different levels in circuits and made an important step in Deepening Judicial Reform.Meanwhile,from the perspective of the citizens' interests the establishment of circuit court conducive to rehabilitation of miscarriages of Justice and help reduce the burden of citizen appeals as well as solve the difficult of maintaining legal rights.Whether the Supreme People's court circuit court can be operated scientifically and rationally or not are related to location and distribution of national right elements,administrative power relations between central and local governments,China's judicial authority,fairness and justice and so on.A newly established system inevitably exist its loophole and dilemma during the execution,thus further study and discuss the SPC circuit court operation mechanism has profound significance to improve our judicial authority,implement judicial justice and promoting the construction of rule by law in China.This paper will discuss the operation mode of the SPC circuit court from four aspects:Firstly,an overview of historical process of China's circuit trial as well as establish background and value of the SPC circuit court;Secondly,introduces the operation mode of foreign circuit court and taking the Great Britain,the United States and Germany three countries as the main representative compare their running mode to China and analysis the similarities and differences;Thirdly,summarize the current running state of our SPC circuit court experimental unit taking the first and second circuit court as the main contents and analyzed the difficulties faced by the SPC circuit court during its operation;Finally,to explore and improve the execution mode of our SPC circuit court and putting forward suggestions form three aspects as below,(1)Perfect the SPC circuit court system setting up,(2)Improve the relevant judge system of SPC circuit court,(3)Consummate the relief system of SPC circuit court.Wish it can provide some useful suggestions and proposals for the operation of SPC circuit court and helping SPC circuit court play a greater role in the process of legalization in the future through the last three discussion.