Research On The Function Of Eliminating Judicial Localization Of The Supreme People’s Court’s Circuit Court

At present,the problem of judicial localization in China has existed for a long time,the provincial regulatory system has limitations,pressure of the Supreme People ’s Court to handle cases has been increasing,and the litigation costs of the parties have been getting higher.These problems accelerate the establishment of the Supreme People’s Court’s Circuit court.Because of these factors,the Supreme People’s Court’s Circuit court has developed functions such as diverging cases,facilitating litigation,and breaking judicial localization.The Supreme People’s Court’s Circuit court is an important component and concentrated achievement of judicial reform.Breaking judicial localization is the focus of previous judicial reforms.Therefore,breaking judicial localization is an important function of the Supreme People’s Court’s Circuit court.The clauses "unification of the legal system",the "court is a state judicial organ",and the "people’s courts exercise judicial power independently according to law" of the Constitution of China constitute the constitutional basis for the Supreme People’s Court’s Circuit court to break judicial localization.Definitely,There are some deep theoretical basis for the Supreme People’s Court’s Circuit court to break judicial localization: the theory of state authorization in unitary countries,the theory of human rights protection and the theory of power supervision.In order to realize the function of breaking judicial localization conferred by the Constitution,the Supreme People’s Court’s Circuit court uses its special position to help supervise the local courts in the circuit area,and has established circuit areas that are relatively separate from the administrative area and judges cross-administrative division cases.In addition,it also innovates the system of joint meetings of presiding judges to promote uniform application of laws in circuit areas.What’s more,the selection of judges and funding guarantees are free from local interference,which has created conditions for breaking judicial localization.In order to better reflect the realization of breaking judicial localization of the Supreme People ’s Court’s Circuit Court of,497 judgment documents of its judges were selected as a sample to achieve data description and analysis,justifying its existence and limited effectiveness of the function to break judicial localization.In fact,the function to break judicial localization of the Supreme People’s Court’s Circuit court faces several difficulties: the designer’s vague setting of its function of break judicial localization,reasons why the internal management system cannot guarantee the delocalization of justice,factors that its jurisdiction system is not enough to break judicial localization,causes that the absence of the corresponding connection system and the inappropriate supervision mechanism.Of course,the Supreme People’s Court’s Circuit court is not unique to China.The British and American countries are the origin countries of the Circuit Court.Therefore,the British and American countries have accumulated rich theoretical and practical experience and played a role in unifying the application of laws.The United Kingdom and the United States have made very different arrangements for the relevant systems of the Circuit Court: the trials of the British Circuit Court represent the will of the country;the United States Circuit Court is the Court of Appeal in the federal judicial system.They have some common points: the establishment of circuit areas that are relatively separated from administrative divisions,centralizing the selection of judges and funding guarantees at the central or federal level,and cutting off interference from local or state interests in courts.In comparison,the British Circuit Court is closer to China because of its national structure and historical traditions,and it has greater significance for China,such as the development of circuit trials,strengthening the protection of the rights of judges,and enriching the standards for dividing circuit areas.In order to better realize the function of breaking judicial localization for the Supreme People’s Court’s Circuit court,the function of breaking judicial localization should be gradually strengthened.First of all,it is necessary to strengthen the internal management system of the Supreme People’s Court’s Circuit court,reform the personnel selection system and the professional security system of judges;Secondly,it is important for the Supreme People’s Court’s Circuit court to reform the jurisdiction system,including enriching the standards for dividing circuit areas and expanding the scope of acceptance of cases across administrative division;Thirdly,it is significant to improve its corresponding connection system and supervision system,especially to properly connect the Supreme People’s Court’s Circuit court and the courts of cross-administrative divisions,and perfect the supervision mechanism of the Supreme People’s Court’s Circuit court;Finally,based on the successful experience of the relevant systems of extraterritorial circuit courts,it is a good way to continuously promote the standardization and normalization of circuit trial work.