A Study On The Management Of Civil Trial

This doctoral thesis is formed with a preamble and six chapters, totaling about 170,000 Chinese characters.In the preamble, the thesis discusses the meaning in theory and practices to choose this topic; introduces the latest academic trends on the management of civil hearing at home and abroad; puts forward the studying train of thought, contents and the methods; elaborates the conclusion and the originality.In chapter one, the thesis elaborates the general theory of the management of civil hearing. The thesis briefly introduces the fundamental knowledge of the management of civil hearing, explains the meaning of the management of civil hearing, generalizes its features, defines the subjects and objects of the management of civil hearing, and discusses the relation between the right of civil hearing management and the right of civil hearing. The writer thinks that valuable purposes of the management of civil hearing are justice, efficiency, people foremost and harmony, The core contents include the management of both civil hearing process and quality.In chapter two, the thesis studies the function of the teaching of ethics, evaluation and leading of the management of civil hearing. It thinks that the management of civil hearing has a clear tendency of teaching of ethics in Chinese traditional society and analyzes why the management of civil hearing pays attention to this function in Chinese traditional society, and it also elaborates the role and influence that the management of civil hearing plays in Chinese traditional society, and it studies the function the management of civil hearing has to promote judges'professional ethics in Chinese modern society and its the function of evaluation and leading to the civil hearing.In chapter three, the thesis makes an investigation on the management of civil hearing in America, England, Germany and Japan. The writer thinks that the four nations have their similar background and motive to reform and strengthen their management of civil hearing. They pay attention to judges'leading role in the civil proceeding, strengthen judges to control the civil proceeding and regard the management of civil hearing as an important way to realize purpose of civil proceeding. China shall borrow their experience the management of civil hearing, strengthen the function of judicial right and the management of civil hearing, harmonize the relations between justice and proficiency of civil proceeding, promote the realization of judicial function.In chapter four, the thesis describes the history and current situation of the management of civil hearing. Historically, we had the idea and practice of the management of civil hearing, but it did rise late last century as a modern theory and practice in China. In recent 10 years, the academic circles is active in studying the management of civil hearing, while the courts too probing it and accumulated some experience. However we have some problems, mainly they are issues of:ambiguous division between the management of civil hearing and the administrative management of a court, serious localization of the management of civil hearing, imperfect system of the management of civil hearing.In chapter five, the thesis studies the fundamental train of thought to reform our management of civil hearing. Establish basic principles of the management of civil hearing, including the principles of lawfulness, judicial justice and efficiency, good interaction between civil hearing and the management of civil hearing, balance of power and judicial serving for the people. Innovate some basic ways of management of civil hearing and use the systematic method and the method to make overall plans and take all factors into consideration. Make clear the basic requirements of management of civil hearing:a reasonable establishment of court system, smooth information, definite goals, cleat right and liability, perfect management system and a scientific management method. Perfect the safeguarding system of management of civil hearing, set up modern idea of management of civil hearing, use modern information and management, establish scientific and information management system, establish a scientific and unified quality estimating system, perfect a judge's cultivated mechanism of ethic enlightenment and professional moral.In chapter six, the thesis studies the civil process management model of our management of civil hearing. It analyzes the so-called "big put on record" and "small put on record" typical models, and the writer thinks to perfect our civil process management, we must strictly define the subject of the management of civil hearing, reasonably give them right and liability, set up a scientific monitoring system for the management of civil hearing, introduce information in management of civil hearing.In chapter seven, the thesis studies our quality system and innovation of the management of civil hearing. It introduces the practice exploration of the management of civil hearing in the local courts, analyzes our operative mechanism of the quality management of civil hearing. The writer thinks that to innovate our quality management of civil hearing, we must set up the idea of people foremost, establish unified court hearing quality system, unify the quality valuation standard of hearing, bring the judges'professional moral standard into the evaluation system of quality of trial, strengthen the feedback function of hearing quality.