A Study On China's Case Management System In Civil Justice

"Access to justice"is considered to be a kind of constitutional right by civilized society, and is also an important value which China and foreign countries are pursuing in judicial reform. However, there are considerable differences of methods of judicial reform between China and foreign countries. Western countries'reform concentrates on the idea that it is possible to improve judicial efficiency by establishing case management system, enhancing judges'control of cases, and balancing power between judges and parties. Compared with Western countries, the reform in China makes the case management come true through trial process management. By comparative study, case management systems of different countries, such as USA, England, and Germany, have been analyzed in the thesis. Based on the current state of civil justice of China, the thesis makes suggestions on the establishment of case management.Besides an introduction and a conclusion, the thesis is divided up into 4 pieces.Chapterâ… : a study on theoretical foundation of case management. Firstly, the chapter analyzes the value of case management system. Secondly, the necessity of case management system has been seriously analyzed. Finally, the chapter points out the background of case management system.Chapterâ…¡: an analysis of case management of different countries. The chapter introduces the case management system of USA, England, and Germany, and not only analyzes the similarity and the difference among the three countries, but also reveals the reasons on this kind of situation.Chapterâ…¢: a remark on the current state of China's trial process management. After introducing specific measures to manage trial process, the chapter makes a comparison between the trial process management and case management.Chapterâ…£: a construct on case management system in civil justice of China. The chapter finds out reasons of the dilemma of judicial situation in China, analyzes the feasibility of case management system, and scientifically examines the specific measure and relevant regulation to manage cases.