Facilitation Of Justice Study

Judicial convenience is not only a judicial principle, but also part of the judicial reform. Based on the experiences of judicial reform worldwide, I review the basic measures taken in judicial convenience reform overseas as well as their lessons and experiences and look back on China's judicial convenience tradition and evolution, thus draw such conclusion: judicial convenience reform has started globally and will continue to develop. I further conduct legal analysis on judicial convenience reform trend under jurisprudence frame and unveil the theoretical background, values, system, and principles of the reform. I point out judicial convenience is grounded upon the theory that socialist country is ruled by law and should embody the idea of "Justice for the People". The reform should also prioritize efficiency and work to safeguard people's access to judicial system, reflecting the trend of legal globalization. On theoretical as well as practical basis, I focus on the empirical study on China's current judicial convenience reform, then analyze the reasons and shortcomings of the reform. By comparison and contrast of the reforms home and abroad, I discuss ways to further the reform. I think the gap between modernism and post modernism is not insurmountable. It is feasible to realize leapfrog development. Actually it offers good opportunity for us to catch up with or even surpass the modernization. Finally, according to the procedural goal of simplicity, expedition, low cost, convenience and easy for people to understand, I conduct micro-analysis on convenient litigation system and measures such as simple and small claim procedure, settlement in court, judicial ADR, court structure and trial in community and promote establishment of convenient civil litigation mechanism in line with Chinese judicial tradition. In the end I make some suggestion on moving forward judicial reform and modernization in China.