Research On Efficiency Of The Civil Procedural Law

Justice and efficiency are the most essential factors of value that construct the civil procedural law.However,we pay more attention to the study of judicial justice than that of judicial efficiency.Although the theoretical circle of the civil procedural law explored efficiency largely,the situation of judicial efficiency is′nt satisfatory as the social market economy system was built,as the political system was innovated,as the concept of law was changed. The contradiction between the finity of human resources and the infinity of human requirement,the utilitarianism that determine whether the litigants resort to action,show the importance of the value of efficiency when we construct and innovate the civil procedural law.In the article,I will elaborate the value of efficiency from four angles.First,I demonstrate the importance of value of efficiency from posiˉtivism′s angle and from value′s angle and tell us that the value of effiˉciency is one of the necessary choices in the civil procedural law.Secˉond,the author will explain the connotation of the value of efficiency and refute some inappropriate ideas of the connotation of efficiency.Third,the situation of the civil procedural law in our country is stated.The defects of efficiency is indicted.Finally,the author advances some concrete advices according to economic principle of increase of efficienˉcy,one of which is economy of cost,the other of which is deposition of resources.In the aspect of cost frugality,the author advances following opinions:First,putting up the time limit sytem of inducing evidence;second,perfecting summary procedure.In the aspect of collocating reˉsources,the author believes that we can take following measures.First:Innovating the court trial institution to accord with the minimum reˉquirement of independence of justice.Second:advancing and perfecting the law service system of lawyer.