What does the circuit court mean?

The Supreme People's Court has set up a circuit court, which is directly affiliated to the Supreme People's Court, and mainly tries major administrative and civil and commercial cases across administrative regions.

The Supreme Law may establish six "circuit courts" in East China, Central China, South China, Northwest China, Southwest China and North China. Each district has a circuit court, which is higher than the provincial high court. In the future, cases will no longer be tried by the Supreme Court, but can be tried directly in the Circuit Court, which is equivalent to a branch of the Supreme Court.

What's the difference between circuit courts?

Circuit court is the product of court reform and the experimental field of reform. Within the legal framework, the reform measures that the court can take are basically implemented in the circuit court first, so as to achieve the effect of "fair and just trial of cases, open and transparent procedures, and convincing combination of precedents and judgment documents".

The biggest feature of the Supreme Court Circuit Court is to implement the responsibility system of presiding judge and collegiate bench in handling cases, and strive to implement "let the judge try and let the judge be responsible".

In the past, the courts in our country generally used collegiate bench to discuss and make a judgment after collective discussion, so it was difficult to define the responsibility. "In the past, the judge handling the case thought that even if the case went wrong, he was only the proposer. After all, the verdict was signed and approved by the leaders. " A judge of a grassroots court in Shanghai said.

The "presiding judge system" is the operating mechanism of the trial team with the presiding judge as the core of handling cases. After the implementation of the "presiding judge system", the presiding judge directly issues legal documents and is responsible for the quality, efficiency and effect of the case for life. The presiding judge and the trial assistant form a trial team, which is led by the presiding judge. This is a brand-new trial mechanism and management mode.

When the chief justice signed the document, his power increased. Therefore, it is necessary to pay special attention to circuit court judges appointed to serve in the Supreme Court. This includes five considerations: first, excellent presiding judges, especially excellent acting presiding judges, can be promoted without exception; Two, more than ten years of trial work experience; Third, he is proficient in trial business and has the ability to handle major and difficult cases; Fourth, it has the ability to independently issue judgment documents; Fifth, familiarity with multiple experimental fields is preferred.

In addition, the circuit court implements flat management, and there is no fixed collegiate bench and fixed presiding judge. Comprehensive administration, judicial investigation, logistics affairs and political work supervision are under the unified responsibility of the comprehensive office, not only with institutions. On the supervision mechanism, the circuit court has a full-time integrity inspector, who is responsible for the daily integrity supervision of the circuit court. We will implement the lifelong responsibility system for handling cases and the accountability system for misjudged cases, improve the mechanism for preventing internal personnel from interfering in handling cases, and strengthen the mechanism for preventing judicial corruption. The presiding judge of the circuit court is selected by the Supreme People's Court and rotated every two years, so as to prevent the formation of interest relations with local governments. The cases accepted by the circuit court are unified into the comprehensive management platform of the Supreme People's Court trial information for management, and the filing information, trial process and judgment documents are open to the parties and the society, and they are subject to social supervision.

Legal basis:

Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Cases by Circuit Courts.

first

The Supreme People's Court has set up a circuit court to accept relevant cases in the circuit area. The First Circuit Court is located in Shenzhen, Guangdong Province, and the circuit areas are Guangdong, Guangxi and Hainan provinces. The Second Circuit Court is located in Shenyang, Liaoning Province, and the circuit areas are Liaoning, Jilin and Heilongjiang provinces.

According to the relevant regulations and the needs of trial work, the Supreme People's Court can add circuit courts, and adjust the circuit area and case acceptance scope of the circuit courts.

second

The Circuit Court is a permanent judicial institution sent by the Supreme People's Court. The judgments, rulings and decisions made by the Circuit Court are those of the Supreme People's Court.

essay

The circuit court shall hear or handle the following cases that should be accepted by the Supreme People's Court in the circuit area:

(1) Major and complicated administrative cases of first instance in China;

(2) Civil and commercial cases of first instance with great influence in the whole country;

(3) An appeal case that refuses to accept the administrative or civil and commercial judgment or ruling of the Higher People's Court of first instance;

(4) Cases applying for retrial of legally effective administrative or civil and commercial judgments, rulings or conciliation statements of the Higher People's Court;

(5) Criminal appeal cases;

(6) Cases filed for retrial according to law;

(seven) cases of applying for reconsideration of the decision of the higher people's court on fines and detention;

(8) Cases submitted by the Higher People's Court to the Supreme People's Court for judgment or ruling due to jurisdictional issues;

(nine) the higher people's court for approval to extend the trial period of the case;

(10) Civil and commercial cases and judicial assistance cases involving Hong Kong, Macao and Taiwan;

(eleven) other cases that the Supreme People's Court believes should be tried or handled by the circuit court.

The circuit court handles letters and visits from the Supreme People's Court in the circuit area according to law.

Article 4

Intellectual property rights, foreign-related business, maritime affairs, death penalty review, state compensation, enforcement cases and cases protested by the Supreme People's Procuratorate are temporarily tried or handled by the Supreme People's Court headquarters.

Article 5

The circuit court shall set up a litigation service center to receive and register the case materials within the scope of the circuit court and provide litigation services for the parties. For the materials that should be accepted by the the Supreme People's Court headquarters in accordance with these provisions, the circuit court shall transfer them at the request of the parties.

The circuit court shall file a case with a unified number on the information platform for handling cases in the Supreme People's Court.

Article 6

If a party refuses to accept the administrative or civil and commercial judgment or ruling of first instance made by the Higher People's Court of the Circuit District, it shall appeal to the Circuit Court through the people's court that originally tried the case. If a party directly appeals to the circuit court, the circuit court shall transfer the appeal to the people's court that originally tried the case within five days. The people's court that originally tried the case shall, within five days after receiving the appeal and defense, submit all the files and evidence to the circuit court.