Civil Justice Reform Outline

The dissertation is focused on China reform of civil procedure. Through this study, the dissertation discuses the problems in the practice of the judicial reform and specifies the targets, principles and strategies in its settlements. In addition, the dissertation makes a new blueprint for the coming reform of civil procedure.First of all, the dissertation compares the civil law system with case law system in civil procedure. The similarity of the value in the two systems is procedural justice. Then, the dissertation turns to analyze the movement of foreign judicial reform and concludes that the major problems the western countries face to in judicial reform are that the procedure is too complex and the cost in civil suit is too expensive. So, the judicial crisis occurs. In order to resolve the problems, the targets of the judicial reform in western countries are to settle the cases more efficiently and cheaply other than officially. The oriental countries, such as the South Korea and Japan, whose traditional culture is characterized as Confucius and the civil procedures are transplanted from the western countries, devote themselves to resolve the quite different problems other than those in the western countries. Their judicial systems transplanted from the western countries are conflicted with the culture of their own. Consequently, they make their great efforts to enforce the adversary systems and procedural justice in order to make the modern judicial power play an important part in their society. Russia judicial reform is a special model in transformation of the social system. The tasks for Russian judicial reform are to enlarge the function of the court, to struggle for the independence of the judges and to solve the problems in court' s finance. In a word, every country has its own judicial problems and the strategies to the problem should be taken separately.Secondly, this dissertation reviews the past practice in China judicial reform briefly, and analyses the problems in China traditional style of civil trial. From later eighties last century to 1996, the China court began to launch reform of trial style. After that period, the adversary system had become popular in dhina court. In order to make sense of more details about China judicial reform, the dissertation gives a description of threeexamples. They are Pingshan County Court in backward rural area, Wuhan Court in the developing urban area and Shanhai Court in the developed urban area. The dissertation holds that China judicial reform has made a great progress. The trial has become more transparent than ever. The rule of burden of proof has be performed. The efficiency of trial has been improved a lot. The judges play a neutral part in trying a case. There is almost no approval by the president of the court in judges' making a judgment. The significant conclusion this dissertation makes is that China judicial reform has presented her own logics, which is from the reform of the system of burden of proof on the parties, the reform of the style in hearing civil cases, the reform of the style in trial proceeding, the reform of the system of civil court, the reform of the whole system of litigation to the reform of judicial system. What is more, this dissertation points out is that the judicial reform in China court lacks of its legitimacy.Thirdly, this dissertation specifies the fundamental aims and the principles of China reform of civil procedure. It holds that justice and efficiency are not the aims of judicial reform, while they are basic ideal of judicial reform, because justice and efficiency are too general to be considered as the aims of China judicial reform. At the same time, this dissertation inspects the social factors and the legal factors, which influenced the justice and the efficiency in China civil procedure and concludes that the moral values and traditional culture are major factors to block the judicial justice in China other than the poor educated judge and the local protectism. Based on the analysis of judicial effi...