Study Of The Effectiveness Of The Proceedings In The Civil Justice Reform

Litigation efficiency is an important part of judicial reform. According to the practice of judicial reform at home and abroad, the improvement of litigation efficiency has always been an valuable objective pursued by the people. The question is, why hasn't judicial credibility ascend synchronously with the improvement of litigation efficiency of our country. How to realize ideal litigation efficiency? All these factors influence, even determine the fluent development of civil judicial reform. Not only do reformers need passion, but also they need rationalism. On one hand, we won't make too much of litigation efficiency and formulate concrete measures to improve it; on the other hand, we need to study and discuss macrographic trend of the improvement of litigation efficiency.We should study and evaluate litigation efficiency not only from judicial institutors' but also from litigant's perspective. This pattern will enable us to improve litigation efficiency without harming the rights of litigant and the realization of justice, and to improve public credibility of judicial decision. Litigation efficiency which is pursued by civil judicial reform shouldn't be chauvinistic, appropriateness, proportionality, integrity are fundamental characters of ideal litigation efficiency.Although objective of civil judicial reform at home and abroad are equally satisfactory in result, the approaches to realize it may be different. We can't formulate means aiming to improve litigation efficiency. The realization of ideal litigation efficiency through civil judicial reform depends on rationalism, localization, convenience and harmony. Rationalism means that directive principles to improve efficiency should be appropriate. Localization means that all means to improve efficiency should be formulated according to actual demand in order to ensure the appropriateness of ideal litigation efficiency. Convenience means that the improvement of efficiency should be analyzed and evaluated from the perspective of litigant in order to ensure the proportionality of ideal litigation efficiency. Harmony requires to reach a harmonious relationship between mechanism, procedure, subject, means to end and transferring the cases which are related with the improvement of litigation efficiency to realize the integrity of ideal litigation efficiency.