On The Theory & Practice Of Civil Judicial Appraisal

The civil judicature has profound influence on the protection of human rights, social progress and economic development. In 2006, the total amount of the object of civil litigations and execution cases is about five per cent of GDP. In 2005, the cost of per corporate litigation was 32 per cent of per capita GDP, while in Britain and the United States, was less than 1%, in Germany was only 6%. The parties and the public lack belief to the civil judicature, the appraisal research of civil justice has significant theoretical and practical significance. With the development of the governmental performance management and the ideological trend of governing, domestic and foreign institutions have been studying and implementing the judicial performance evaluation, and accumulating the theories and experiences which may profit from.The civil judicial appraisal has the necessity, the feasibility and legitimate. The reason of legitimate: One is the principle of ultimate popular sovereignty, people is entitled to supervise the civil judicature; Two is that the civil judicature must be transparent and public, this is not only the constitution principle, but also the basic principle of civil litigation; Three is that as a public product, the civil judicature must receive the public appraisals of the parties including potential parties; Four is that the principle of autonomy of private law makes the civil judicature be in competition with Multi-Channel of Dispute, private relief and state supervision. Five is that the official law and the judge law all clearly prescribe the civil judge's appraise and inspection.The main body of civil judicial appraisal has the internal main body, external main body and the independent appraisal main body which is as the professional organization. The independent professional appraisal fuses the contrast of internal appraisal and external appraisal, avoids internal appraises and external appraises to influence and control the civil judicature, reduces the suspicion and the barrier which the appraisal meets. The main goal of the appraisal is to promote civil judicial ability, shorten the time limit for adjudication, reduce the court cost, further the judicial effect, strengthen international comparison, push civil judicial reform. The object of appraisal is the civil judicial activity, the condition which the civil judicial activity depends on and the achievement of the civil judicial activity. It includes "professional behavior", "substantive quality", "exterior effect" and "judicature ecosystem". The object of appraisal is all level courts and civil judges. The civil judicial appraisal should conform to the principle of rule of law, the international law, the economic society, the economical rule and the human rational standard, and follow the principle of safeguard of right, priority of independent, relief of power, compress of function, publicity and transparency, scientific and reasonable principle.The appraisal target is the core of civil judicial appraisal. According to the value, function and structure of civil judicature, I design 5 two-level targets, 16 three-level targets, 115 four-level targets. The two-level targets are: target of civil judicial value, target of civil judicial effect, target of civil judicial independence, target of civil judicial figure and target of civil judicial influence; The three-level targets are: fairness of judgment, efficiency of lawsuit, implement of judgment, the degree of public confidence, the judicial cost, exterior nature, the duty safeguard, the judicial ecology, the material safeguard, the condition of probity, professional behavior, legal document, the merits and demerits of legislation, the quality of judge, the support of society; Each three-level target consist of several four-level targets. These targets which apply the multi-targets synthesis appraisal method synthesize the appraisal indices, and constitute integrated, scientific, objective evaluation of civil judicature.In order to overcome the limitation of the sole appraisal system and guarantee the independence of civil judicature, I construct the safeguard mechanism of civil judicial independence and a series of necessary mechanisms of scientific, right, authentic, authoritative civil judicial appraisal.