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Circuit courts differ from the existing court system in the following ways:
1. The judges of the circuit court are not fixed, and the circuit court in the United States generally has 3 circuit judges, but special field cases (such as energy disputes) even require 12 circuit judges to jointly adjudicate;
2. Judges are not resident in the courtroom, and the judges of the circuit court are highly mobile, and there is no strict combination relationship in the collocation, which ensures the fairness and de-bias of the circuit court for the trial of cases;
3. Compared with ordinary local courts, they are less constrained by the local party and government, and handle cases more freely and independently. Moreover, because there is no position with obvious administrative characteristics such as division presidents, judges have a stronger sense of independence and equality, and the internal affairs and administrative work of the court can be entrusted to non-judge personnel to manage and exercise, which can greatly highlight the characteristics of the court's judge-oriented rather than administrative standards.
4. There are trial venues in the jurisdictional area; The purpose of the setting is to facilitate mass litigation; It is also a judicial organ of the court, and the case is tried in the name of the court.
In addition, the circuit court system is realistic and feasible and can be implemented immediately without amending the Organic Law of the Courts.
1. Continue to retain the original courtroom facilities as roving trial venues.
2. Set up auxiliary staff such as case filing, statistics, and registration at the tour site, who are responsible for communication with the court and the parties. Local**, eligible organizations can also assist in similar work.
3. Set up case and personnel scheduling bodies in the courts, responsible for formulating and implementing itinerant trial plans and programs.
4. The personnel of circuit trial judges are not fixed, and when needed, they are temporarily organized, and the administrative responsible personnel are to be filled by senior judges, and do not enjoy administrative and trial privileges, and major matters are to be resolved through consultation and voting by all circuit judges. Judicial administrative matters shall be settled by the administration of the courts.
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I want to ask, whether you who are involved in the ** department are accepted, that is to say, ** who deceive the people.
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Legal Analysis: Circuit courts are permanent adjudication bodies dispatched by the Supreme People's Court. The content of the work is to be responsible for the second instance and retrial of civil and commercial cases and administrative litigation cases. In addition, the Circuit Court has attempted to conclude the first instance of a number of cases that have a significant national impact.
Legal basis: Article 2 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Cases by Circuit Courts" Circuit courts are permanent adjudication bodies dispatched by the Supreme People's Court. The judgments, rulings, and decisions made by the circuit courts are the judgments, rulings, and decisions of the Supreme People's Court.
Article 3 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Cases by Circuit Divisions: Circuit courts hear or handle the following cases that shall be accepted by the Supreme People's Court in the area where the circuit courts are returning to the area:
1) Major and complex first-instance administrative cases nationwide;
2) First-instance civil and commercial cases that have a major impact on the whole country;
3) Cases of appeals against first-instance judgments or rulings made by the High People's Court in a dispersal of government or civil or commercial matters;
4) Cases in which an application for retrial is made by a High People's Court for an administrative or civil or commercial judgment or ruling that has already taken legal effect, or a mediation document that has already taken legal effect;
5) Criminal appeal cases;
6) Cases in which retrial is initiated in accordance with the authority prescribed by law;
7) Cases of dissatisfaction with a decision of a High People's Court to impose a fine or detention and apply for reconsideration;
8) Cases in which the High People's Court reports to the Supreme People's Court for a ruling or decision due to jurisdictional issues;
9) Cases reported by the High People's Court for approval of an extension of the time limit for trial;
10) Civil and commercial cases and judicial assistance cases involving Hong Kong, Macao and Taiwan;
11) Other cases that the Supreme People's Court finds should be heard or handled by circuit courts.
Circuit courts handle letters and visits submitted to the Supreme People's Court within the circuit area in accordance with law.
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The circuit court is responsible for the defense of civil and commercial cases and administrative litigation cases in the second instance and retrial.
If the first instance of a case in the circuit area is in the High People's Court, the second Ling Heng Trial will come to the circuit court; If the first instance is in the Intermediate People's Court and the second instance is in the High People's Court, the retrial will go to the circuit court. In accordance with its duties, the circuit court will also accept first-instance cases, which the SPC has rarely accepted in the past. The circuit court is trying to conclude the first instance of some cases that have a major impact on the country.
Circuit courts are enforceable.
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The Supreme People's Court has established circuit courts, which are subordinate organs of the Supreme People's Court, which mainly hear major administrative, civil and commercial cases that cross administrative regions.
The Third Plenary Session of the 18th Central Committee of the Communist Party of China proposed to explore the establishment of a judicial jurisdiction system that is appropriately separated from administrative divisions. The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China proposed to explore the establishment of a people's court that transcends administrative divisions to handle cross-regional cases.
Optimize the allocation of judicial functions and powers in China, promote the implementation of a pilot system reform that separates judicial power from enforcement power, and the Supreme People's Court of the People's Republic of China has established circuit courts, explore the establishment of people's courts and people's procuratorates across administrative divisions in China, and explore the establishment of a system for procuratorial organs to initiate public interest litigation.
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However, the staff members of the court are those who go to places where it is inconvenient to carry out the work of the court to mediate various matters.
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Legal analysis: The circuit court system refers to the system whereby the court sets up a circuit location in the jurisdiction to accept and try cases at the circuit location on a regular or irregular basis in order to facilitate the litigation behavior of the masses.
Legal basis: Article 1, Paragraph 1 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Cases by Circuit Divisions The Supreme People's Court establishes circuit divisions to accept relevant cases within the circuit area. The First Circuit Court is located in Shenzhen, Guangdong Province, the circuit area is in Guangdong, Guangxi, and Hainan Province, and the Second Circuit Court is located in Shenyang City, Liaoning Province, and the circuit area is in Liaoning, Jilin, and Heilongjiang provinces.
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Legal analysis: The circuit court system refers to the system whereby the pre-law court set up a circuit location in the jurisdiction for the convenience of mass litigation, and regularly or irregularly checked the circuit location to accept and try cases.
Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Cases by Circuit Courts" Article 1 Hui Li Paragraph 1 The Supreme People's Court establishes circuit divisions to accept relevant cases in the circuit area. The First Circuit Court is located in Shenzhen, Guangdong Province, and the circuit area is located in the three provinces of Guangdong, Guangxi, and Hainan, and the Second Circuit Court is located in Shenyang City, Liaoning Province, and the circuit area is in Liaoning, Jilin, and Heilongjiang provinces.
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