Question 2: What is a circuit trial? Circuit trial means that the people's courts regularly or irregularly send court tours within their jurisdiction to select the place where the case occurred, the place where the parties are located or other places convenient for the masses to try civil cases. It is a fine tradition of people's judicial work to try cases on the spot. As early as the new democratic revolution, the judicial organs in the Shaanxi-Gansu-Ningxia border region created this system according to the requirements of the people. The founder is Ma Xiwu (President of the Supreme People's Court after the founding of the People's Republic of China), so this way of handling cases was once called the Ma Xiwu trial. Since then, other anti-Japanese base areas and liberated areas have also formulated a series of circuit trial methods according to local actual conditions. After the founding of the People's Republic of China, it summarized the experience of the people's political power in handling cases on the spot in the past, and made unified provisions in the Civil Procedure Law of People's Republic of China (PRC). Article 12 1 of the Civil Procedure Law of People's Republic of China (PRC) stipulates: "People's courts try civil cases, conduct circuit trials as needed, and handle cases on the spot." Paragraph 2 of Article 152 stipulates: "The people's court of second instance may try an appeal case in its own court, or in the place where the case occurred or the people's court that originally tried it." According to the above provisions, circuit trials and local cases are applicable to the people's courts of first instance and second instance. The method of circuit trial and handling cases on the spot is that the grass-roots courts set up people's courts in fixed places, which are called "people's courts of one county (district)" (generally named after the location of branches). This is the agency of the grass-roots court, which can accept general civil cases and minor criminal cases that do not constitute crimes within its jurisdiction; At the same time, judges will be sent to make circuit trials within their respective jurisdictions to solve various civil disputes on the spot and help and guide the people's mediation committees to carry out their work. When the people's court of first instance dispatches a court to the place where the case occurred or the place where the parties are located according to the needs and possibilities, except for major and complicated cases, summary procedures are generally applied, and the trial is conducted by a single judge. The people's court of second instance conducts circuit trials, and the place where a case is tried may be the place where the case occurred or the place where the people's court that originally tried it is located. However, the people's court of second instance cannot apply the summary procedure to the circuit trial, and must form a collegial panel to conduct it in accordance with the provisions of the procedure of second instance or the relevant provisions of the ordinary procedure. Circuit trials and local cases are more convenient for people to sue or respond to lawsuits, which can save a lot of time and expenses; This way is also convenient for the people's courts to investigate and understand the situation, collect evidence, and accept and judge cases in a timely and correct manner in combination with the masses; It is also convenient to get help from local grass-roots organizations and people's mediation committees, expand legal publicity and educate the masses through trials, and achieve good results in preventing and reducing disputes and lawsuits.
Question 3: What is a track test drive? It means that the court will set up the court in the car and go to the countryside and mountainous areas to hold court sessions for the convenience of the parties.
Question 4: 55 What does the court circuit car mean? In order to facilitate the prosecution and trial of cases by the masses, the court uses a car to drive to the court area.
Question 5: What does the U.S. Court of Appeals for the Federal Circuit mean? The federal court system has three levels of courts, namely, the Federal Supreme Court, the Federal Circuit Court and the Federal District Court. Among them, the circuit court is called the court of appeal, which is equivalent to the intermediate court in China, but it does not directly hear cases of first instance. The district court is the basic court of the federal system. The federal court of the United States divides 50 states into 13 trial areas, and there are 13 circuit courts, and one circuit court usually governs several district courts. For example, the Third Circuit Court in New Jersey has jurisdiction over all federal district courts in New Jersey, Delaware and Pennsylvania. Interestingly, the judges of the circuit court are not centralized, but scattered to the courts in various districts to receive and hear appeals on the spot. For example, in the New Jersey District Court in Newark, there are three circuit court judges working here. Although circuit judges work in the same place, they belong to different trial levels, independent of each other and do not interfere with each other. The federal system, as well as international commercial courts and all federal courts, are also directly funded by the federal government. The power to appoint all federal court judges is exercised by the President (Supreme Court judges are nominated by the President and appointed with the approval of Congress) or the High Court judges, without interference from local states.
Question 6: the significance of the circuit court The setting of the circuit court system also has the following important practical significance: First, it can effectively solve the problems of scattered court setting, lack of concentration of judicial power, auxiliary personnel handling cases, and judges engaged in auxiliary work. At present, many courts have no judges but only clerks except presidents and vice presidents. The president and vice president are usually busy with political and administrative affairs such as coordination and management, and have no time to take care of the trial, so they have to hand over the trial, the core business of the court, to judicial assistants such as clerks. The president and vice-president only sign the draft judgment document, which not only violates the principle of direct judicial speech, but also encourages the consciousness of administrative management and official standard in the form of examination and approval, and reduces the specific trial to a vulgar transactional category, which is not conducive to the cultivation and development of advanced judicial concepts. On the other hand, in the court room of this hospital, there are also matters that the judge is only engaged in administrative and daily work or is responsible for filing the whole volume after the trial, which makes the judge have no time to study and summarize the trial theory and experience in depth. The implementation of the circuit trial system can fully allocate trial resources and make reasonable investment in time, manpower and material resources for all kinds of cases in accordance with the principle of overall consideration. Judges are automatically concentrated in circuit courts with more cases, and departments with fewer cases can temporarily keep fewer or even no left-behind judges. The daily administrative routine work such as case registration, distribution and trial limit monitoring is handled by auxiliary personnel. Second, it can effectively promote the management of judges' staffing and improve judges' elite consciousness and professional consciousness. Under the guidance of the circuit court system, the objective demand for retaining a large number of judges will be significantly reduced, the social evaluation and status of judges will be significantly improved, and the operation mode of auxiliary personnel in charge of administrative work will further weaken the court's sense of official standard. Judges are proud of their status as judges, free from the interference of administrative promotion, and engaged in trial work with peace of mind. The consciousness of judge independence and judicial independence will be further strengthened. Third, the circuit court system can save a lot of court funds. Because judges don't need to stay in court, they can keep a limited number of auxiliary staff in the touring places, or simply entrust local * * * and grassroots organizations to collect and register daily cases, and the corresponding expenses such as headcount, transportation, communication and heating will be significantly reduced.
Question 7: Why set up a circuit court? The circuit court system refers to the system in which the court sets up a circuit place within its jurisdiction, and regularly or irregularly receives and hears cases in the circuit place to facilitate mass litigation.
The establishment of the circuit court system also has the following important practical significance:
First, it can effectively solve the problems that the existing courts are scattered, the judicial power is not centralized, the auxiliary personnel handle cases, and the judges are engaged in auxiliary work. At present, many courts have no judges but only clerks except presidents and vice presidents. The president and vice president are usually busy with political and administrative affairs such as coordination and management, and have no time to take care of the trial, so they have to entrust the trial, the core business of the court, to judicial assistants such as clerks. The president and vice-president only sign the drafted judgment documents, which not only violates the principle of direct judicial words, but also encourages the administrative intention in the form of examination and approval.
The the Supreme People's Court Circuit Court gives an example
Knowledge and official standard consciousness reduce specific trials to vulgar transactional categories, which is not conducive to the cultivation and development of advanced judicial concepts. On the other hand, in the court room of this hospital, there are also matters that the judge is only engaged in administrative and daily work or is responsible for filing the whole volume after the trial, which makes the judge have no time to study and summarize the trial theory and experience in depth.
The implementation of the circuit trial system can fully allocate trial resources and make reasonable investment in time, manpower and material resources for all kinds of cases in accordance with the principle of overall consideration. Judges are automatically concentrated in circuit courts with more cases, and departments with fewer cases can temporarily keep fewer or even no left-behind judges. The daily administrative routine work such as case registration, distribution and trial limit monitoring is handled by auxiliary personnel.
Second, it can effectively promote the management of judges' staffing and improve judges' elite consciousness and professional consciousness. Under the guidance of the circuit court system, the objective demand for retaining a large number of judges will be significantly reduced, the social evaluation and status of judges will be significantly improved, and the operation mode of auxiliary personnel in charge of administrative work will further weaken the court's sense of official standard. Judges are proud of their status as judges, free from the interference of administrative promotion, and engaged in trial work with peace of mind. The consciousness of judge independence and judicial independence will be further strengthened.
Third, the circuit court system can save a lot of court funds. Because judges don't need to stay in court, the touring places can keep limited auxiliary personnel, or simply entrust local * * * and grassroots organizations to collect and register daily cases, and the corresponding expenses such as headcount, transportation, communication and heating will be significantly reduced.
Question 8: Can the criminal case of17 be tried by circuit now? The circuit court is only a pilot, but it has not been implemented yet, and it may
Question 9: What kind of scene is the rural court hearing? There are no courts in rural areas. The court can go to the countryside to conduct circuit trials. Many people were watching the scene, and the court held a circuit trial to facilitate the parties with mobility difficulties or publicize the law with typical cases, and also let people who were not in contact with the work of the court see how the court conducted the trial.
Question 10: The International Trade City Circuit Trial Station of Yiwu Court is still in Xiangshan Road People's Court.