A Study On The Perfection Of Our Country's Civil Trial Model

The civil trial procedure plays the important role in civil procedure, but deserved attention has not been paid by scholars. This article intends to make a preliminary research concerned with civil trial model and its relevant questions from perfecting our nation's model of civil trial.The paper is divided into three major parts: introduction, body and conclusion. The introduction first analyzes and locates the definition and the elements of trial model. Through the comparison of some groups of concepts, it clarifies the meaning of trial model, analyses specific structure and straightens out the elements of trial model, so that establishes the foundation for comparative analysis of various types of trial model. At the same time the introduction in this paper locates the investigation of trial model for the procedure of first instance trial in courts of grass roots, and it confines the contents of treatise.Part two: the comparison of civil trial model in other countries and regions. This part attempts to investigate and analyze comparatively other countries and regions for promoting the reform of our nation's trial model. It mainly investigates civil trial model in the countries and regions such as the USA, the Britain, Germany, France, Japan, Taiwan of China etc., and describes the patterns of their trial procedures, analyzes them according to the elements of trial model, and takes out trial ideas and effective practice beneficial to our country, in an attempt to be referred for perfecting our country's trial model.Part three: the present situation and the perspective of the characteristic of civil trial model in our country. The pattern of civil trial procedure in our country have been regulated in the " Act of Civil Procedure of the People's Republic of China ", which is also the legal basis of current trial model of our country, therefore it is necessary to sumit up according to the legislation. Nevertheless in judicial practice with the change of social condition and the need of social development, the reform of trial pattern develops in every place, and the practice does not unify very much, however it may still be divided for its classification approximately. The current trial model has its special cause with the advantages and the disadvantages of itself.Part four: the perfection of our country's civil trial model. This part mainly makes some discussions and suggestions on how to perfect our country's trial model. To perfect trial model should establish complete concept for guidance, in order to make reform not deviate from correct track. The paper mainly discusses the concepts of procedural justice and procedural benefit combined with the practice. Certainly perfecting system should still have the consideration on specific technical aspects, with a view to fulfilling the change from technology to system. This part also makes some suggestions and analyses for the specific measures of perfecting civil trial model in our country.In the conclusion part, the author thinks that the route to perfect our country's civil trial model lies in the revision of current civil procedural law.