最高人民法院巡回法庭的设立背景、功能及设计构想
发布时间：2019-01-01 13:08
【摘要】：《中共中央关于全面推进依法治国若干重大问题的决定》提出要设立最高人民法院巡回法庭,这是在法院人财物管理体制改革未能解决省级法院的司法地方化问题、最高人民法院案件审理压力不断增大并需要分散解决社会矛盾压力的背景下提出的一项改革措施。巡回法庭具有监督省级法院公正司法、化解地方社会矛盾、指导下级法院司法的多重功能。在选择巡回法庭的设立地域时,应考虑司法改革的长远进程以及交通等因素,在巡回法庭的设立数量上则应考虑区域面积、案件数量、人员编制等因素。巡回法庭应灵活通过上提管辖权、指定管辖等方式,确保对跨行政区域重大案件的二审或再审管辖权。在案件类型方面,巡回法庭可以审理的案件不必限于跨行政区域的重大行政和民商事案件。应赋予巡回法庭较大程度的独立审判权,但同时也要对其进行必要的制约。
[Abstract]:The "decision of the CPC Central Committee on comprehensively promoting the Rule of Law on several important issues" proposed the establishment of a circuit court of the Supreme people's Court. This is because the reform of the court's personnel and property management system has failed to resolve the problem of judicial localization in the provincial courts. A reform measure put forward by the Supreme people's Court under the background of the increasing pressure of trial and the need to disperse the pressure of resolving social contradictions. The circuit court has the function of supervising the justice of provincial courts, resolving local social contradictions and guiding the lower courts. In selecting the district of establishment of the circuit court, we should consider the long-term process of judicial reform and the traffic factors, and consider the regional area, the number of cases, the staffing and other factors in the establishment of the circuit court. The circuit court shall ensure the second or retrial jurisdiction over major cases across administrative regions by means of the upper jurisdiction and the designation of jurisdiction. In terms of case types, the circuit court may hear cases that need not be limited to major administrative and civil commercial cases across administrative regions. Circuit courts should be given greater independent jurisdiction, but they should also be subject to necessary restrictions.
【作者单位】： 安徽财经大学法学院;
【分类号】：D926.21
，
本文编号：2397612
[Abstract]:The "decision of the CPC Central Committee on comprehensively promoting the Rule of Law on several important issues" proposed the establishment of a circuit court of the Supreme people's Court. This is because the reform of the court's personnel and property management system has failed to resolve the problem of judicial localization in the provincial courts. A reform measure put forward by the Supreme people's Court under the background of the increasing pressure of trial and the need to disperse the pressure of resolving social contradictions. The circuit court has the function of supervising the justice of provincial courts, resolving local social contradictions and guiding the lower courts. In selecting the district of establishment of the circuit court, we should consider the long-term process of judicial reform and the traffic factors, and consider the regional area, the number of cases, the staffing and other factors in the establishment of the circuit court. The circuit court shall ensure the second or retrial jurisdiction over major cases across administrative regions by means of the upper jurisdiction and the designation of jurisdiction. In terms of case types, the circuit court may hear cases that need not be limited to major administrative and civil commercial cases across administrative regions. Circuit courts should be given greater independent jurisdiction, but they should also be subject to necessary restrictions.
【作者单位】： 安徽财经大学法学院;
【分类号】：D926.21
，
本文编号：2397612
本文链接：https://www.wllwen.com/falvlunwen/gongjianfalunwen/2397612.html
