论巡回法庭在我国民事诉讼体系中的职能定位

The Function of the Circuit Court in Civil Litigation System in China

党的十八届四中全会通过的《关于全面推进依法治国若干重大问题的决定》中明确提出了最高法设立巡回法庭,审理跨行政区域重大行政和民商事案件。虽然我国已经有着丰富的巡回审判制度,但是其职能对位主要存在于基层人民法院,最高法设立之巡回法庭尚属首次加入新中国民事诉讼体系中。为了更好地实现巡回法庭的设置目的以及更好地与我国现行民事诉讼体系相协调,有必要对巡回法庭在一审、二审以及审判监督等民事诉讼体系中的职能进行进一步的探讨,明确其职能定位。

＂Decided to comprehensively promote the rule of law on a number of major issues,＂the party＇s eighteen Fourth Plenary Session presented by the supreme law clearly established Circuit Court,the trial of major administrative and civil and commercial cases across the administrative area. Although China has had a wealth of assizes system,but its functions on the bit is mainly present in the Basic People＇s Court,the Circuit Court is the first time the establishment of the supreme law of civil procedure system was added. In order to better play the Setting Purpose of Circuit Court as well as better coordination with our current civil litigation system,there is a need for further discussion on the circuit court functions in the first trial,the second trial and trial supervision in civil litigation system,and clear its functions positioning.