On The Function Orientation And Realization Path Of Circuit Court Of Supreme People’s Court

The circuit court of the supreme people’s court is a model of future court reform and an innovation of court reform in the new era.It is expected that the circuit court can inject vitality and impetus into the judicial reform and promote the development of judicial modernization.The main function of the supreme people’s court is to unify the legal system,form the public policy and restrict the power.However,in recent years,the number of cases accepted by the Supreme Court keeps increasing,which is not conducive to the performance of its functions.Therefore,the main purpose of establishing the circuit court of the supreme people’s court is to optimize the functions of the Supreme Court.At present,the official documents do not specify the functions of the circuit court.Through the interpretation of authoritative documents,four functions of the circuit court are summarized.The second is to eliminate the localization of judicature.Third,to facilitate litigation by the masses and solve disputes on the spot.Fourth,the unity of appropriate law.Functional positioning is the "baton" in the process of establishment and implementation of circuit court,which plays a guiding role in the system structure and work focus of circuit court.The author believes that,compared with the circuit court,the cross-administrative district court is more suitable for undertaking the de-localization function,and the circuit court of the basic people’s court plays a greater role in facilitating litigation.According to the historical background and reform goal established by the circuit court,the circuit court is most suitable for undertaking the functions of "diverting cases" and "unifying the law".In practice,the circuit court did not play a good role in case distribution and the unification of the legal system.First of all,due to the small jurisdiction of circuit court cases stipulated by law,the pressure on the number of petitioning cases is great,and the single handling method of petitioning and the small number of judges and auxiliary staff,the handling efficiency of cases is low and the diversion function is limited.Secondly,the circuit court has no judicial interpretation and other powers,and the system of the presiding judge in charge may lead to different application of law,and the effect of uniform application of law is not obvious.Therefore,the scope of accepting cases of the circuit court should be appropriately expanded,the system of judge selection and safeguard should be improved,and the multi-party resolution mechanism of complaint reporting cases should be innovated to ensure the full play of diversion functions with maximum manpower and efficiency.To ensure the unification of the discretion standard of cases is the key to bring into play the function of the unification of the law.In order to ensure the unification of the judgment scale,the circuit court can organize the meeting of professional judges,edit typical judicial cases with guiding significance,formulate judicial policies at the right time and enjoy the right of judicial interpretation.