Study On The Civil Expeditious Judgement Mechanism

Many countries have been plagued by the contradiction between the increasing number oflawsuits caused by the continuous development of the society and the inefficient andexpensive litigation since the1960s, so they are all actively exploring ways which cansimplify the proceedings and expedite the litigation process and reduce litigation costs. In ourcountry, after the reform and opening up, a lot of practical problems such as the substantialincrease in civil and commercial cases and the rapid expansion of the judicial needs started toappear with the rapid economic development and the soundness of the rule of law. Especially,although our civil and commercial litigation cycle is relatively short compared with someother countries, we still face more serious problems such as the shortage of judicial capacityand the profligacy of judicial resources and so on. Even after the constantly amendment of theCivil Procedure Law and the relevant laws and the ongoing civil justice reform, theseproblems have not been fundamentally resolved. This not only affects the effectiveness of theentire civil, which brought that a large number of civil and commercial disputes can not bepromptly and impartially resolved, but also leads to the widespread social grievances and thelower credibility of the judiciary. Therefore, we need to improve the system as soon aspossible. Against this background，this article gives a depth discussion of the basic theory ofthe civil expeditious judgement mechanism which can both increase the cilil litigationefficiency and ensue the realization of the civil litigation purposes first of all, and then carrieson a comprehensive analysis of its domestic legislative performance, running status, mainproblems and causes and a comparative study of its overseas main content and types, basiccharacteristics and the setting principle. On this basis，the author also puts forward thesystematic ideas for reform and the specific building ways for the civil expeditious judgementmechanism of our own.The main part of the article is nearly180thousand words and consists of the following5chapters.The first chapter is “The Basic Theory Of Civil Expeditious Judgement Mechanism”. Thispart researchs the creation background, basic connotation, value orientation and legaltheoretical issues of the civil expeditious judgement mechanism. The author believes that thecivil expeditious judgement mechanism should be a suit of systematic civil procedure,system and mode of operation which the judiciaries creat through integrating the limited judicialresources, simplifying the lengthy proceedings, reforming the unreasonable design of thesystem and enhancing the propulsion litigation process obligations (duties). On the macrolevel, the mechanism shall be the unity of litigation efficiency and procedural justice; and inthe microscopic field, it should strive to achieve the unity of the judicial resourcesoptimization and the procedural rights protecting.The second chapter is " The Tistory And Status Of Chinese Civil Expeditious JudgementMechanism. In this chapter, the author recalls the context of the mechanism from ancienttimes to modern times in the first place，and then gives a systematic summary of the currentcivil legislation and the practical cituation of it, and analiese its main problems and causes atthe end.The third chapter is "The Comparative Review Of The Extraterritorial Civil ExpeditiousJudgement Mechanism”. The two parts of this chapter respectively analyzes the main contentand development trends of five major countries’ civil expeditious judgement mechanism andexplores the typical types, basic characteristics and setting principle of the mechanism.Among them, section Ⅰ selects five representative countries to study their exploring result ofthe related reforms in recent years and the commonality, differences and development trendsof the mechanism. And section II discusses the classification of the extraterritorial civilexpeditious judgement mechanism on the basis of above study, i.e dividing into filtering civilcases, building civil expeditious judgement procedure and strengthening the promotinglitigation powers and obligations of the judges and the parties. In addition，it talks over thebasic characteristics and setting principle of the mechanism of each type deeply.The fourth chapter is “The Overall Vision Of Chinese Civil Expeditious JudgementMechanism Reform”. It focuses on the necessity and feasibility of civil expeditiousjudgement mechanism reform and brings forward the overall vision of the reform whichincludes its functional orientation, basic requirements, ideological guidance, reform path,legislative style and content structure. The author believes that the Chinese civil expeditiousjudgement mechanism must take up multi-mission,such as resolving a dispute more quicklyand completely, releasing the pressure of court and reshaping the judicial authority, so itshould be consistent with the request to holistic, systematic and balanced. Specifically, we canbuild the mechanism through the legislative way from top to bottom and the legislative stylecombinating the decentralized and centralized rules. The fifth chapter is "The Specific Build Of Chinese Civil Expeditious JudgementMechanism”.This part mades several recommendations to the specific build of Chinese civilexpeditious judgement mechanism: the one is optimizing the civil procedure by the way ofrationally differentiating the civil procedure, forming three types of civil expeditiousjudgement procedure and speedy transforming the appellate and retrial process etc.; the otheris further clarifying the promoting litigation powers and obligations of the judges and theparties to quickly advance the process; the last one is improving supporting measures thoughtappropriate adjustment of the civil trial organizations and in-depth reform of the personnelsystem.