Logic, Circumstance And Model: A Macro-observation On China's Civil Trial Reform

Civil trial procedure is related to the conformation, protection and remedy of civil rights. It has its own values and functions. Through the analysis about the reform and reality of China's civil trial, we can see it has many drawbacks: the absence of fairness and efficiency, the deviation of purpose, the wrong location of subject, the injustice of process. There are two reasons for the problems. The first one is that the reform is lack of overall logic and the reformers have not realized the values of civil trial procedure. The second reason is that the reformers have not realized China's specific circumstances. After analyzing about the judicial institution, judicial idea, judicial circles and judicial circumstance, and contrasting between the civil law system and the common law system, this paper gives us an idea that China's civil trial model should be an adversary system, and it also should absorb the advantages of the inquisitorial system. Then this paper gives the concrete suppositions of the civil trial reform. The systematic logic is the start of the reform. The systematic circumstance is the basis of the reform. The systematic model is the goal of the reform. So we should think of the logic, the circumstance and the model before we start the reform.