Research On The Intensive Trial Of Civil Procedure Law

The intensive trial of civil procedure law originated from the common law system. Because of the jury system and adversary system, the intensive trial of civil procedure law became the inevitable choice of the common law system. Traditionally the civil law system practiced the principle of parallel trial. But since 1950's, civil cases increased intense. The civil law system sufferd serious delay actions. Because of the high cost and long time of civil produce, prestige of the judge reduced. In order to change the situation, the civil law system countries adopted the principle of centralism trial. The reform of our civil procedure law displays the requirements of the principle of centralism trial. The reform of the principle of centralism trial should improved continuously.The paper is discussed in four chapters, excepts introduction and conclusion. Part one is the outline of the principle of centralism trial. The principle of centralism trial is a relative concept to the principle of parallel trial. Because of the different of legal tradition and legal environment, the concept of the principle of centralism trial is different between the common law and the civil law . The paper summarizes the abuse of the principle of parallel trial. The value of the principle of centralism trial displays. The values include promoting justice of litigation and improving efficiency of litigation. The paper generalizes the contents of the intensive trial of civil procedure law.Part two is the comparison the intensive trial of civil procedure law. The paper investigates the intensive trial of the common law and analyzes the reason of the intensive trial of the common law. To reform the abuse of the principle of parallel trial, the civil law countries adopted the principle of centralism trial. The reform of the principle of centralism trial is about Germany and Japan. The paper analyzes the measures of reform and compares the differences of the two countries.Part three is the investigation of the reform of our intensive trial of civil procedure law. The paper reviews of the history of the civil trial reform.? Although there is no direct guidance to the principle of centralism trial,?the?reformed measures is consistent with the requirements of the principle of centralism trial. The paper analyzes the status of the intensive trial from period of civil cases. The intensive trial of civil procedure law is not perfect. It is necessary to continue reform.Part four is in order to improve our the principle of centralism trial. For the points of contention at pre-trial have the function of finishing evidence,which is good for the purpose of centralism trial. Losing right has deep relations with interest of the parties ,which confirms the finishing the points of disputes. In this progress the court should explain the reason to avoid the losing of interest of the parties. In addition the other function is promoting the progress of the lawsuit.