On Civil Judicature Efficiency Elements In Harmonious Society

Constructing harmonious society is an important measure for lasting peace and stability in our country. In current social environment, all social activities must be conducted tightly with the focus of constructing harmonious society, and there is no exception to judicature. However due to low judicature efficiency, in practice a lot of litigation retardation, judicature resource waste and citizen appeal etc. happen, which has an adverse effect on the construction of harmonious society. Thus, it is of an urgent need to improve judicature efficiency in order to construct a harmonious society.Grounded on analyses, this thesis put forwards the standard to measure the improvement of judicature efficiency in harmonious society should be the unification of justness, speed, cost—benefit and social effects. On the basis of such value criterion, the elements able to influence judicature efficiency are supposed to include subjects of judicature activities, legal system, judicature cost the country has devoted, and the litigation cost the party has devoted. By means of analyzing different impacts each element exerts on judicature efficiency, the effective guiding project for such elements is attained with the standard of justness, speed, cost—benefit and social effects.This thesis is mainly divided into four parts:Chapter One: Harmonious society and judicature efficiency. This part first discusses the significance of improving judicature efficiency in harmonious society. Then it clearly defines the judicature efficiency in harmonious society. Finally it advances that the measurement standard of judicature efficiency in harmonious society should be the unification of justness, speed, cost—benefit and social effects.Chapter Two: Legal subject elements and harmonious judicature efficiency. Legal subject elements in judicature activities affect the judicature efficiency through the performance of subjective activity. And legal subjects mainly include citizens, judges and lawyers. This part analyzes the manners and approaches of judicature efficiency influenced by legal subjects in judicature activities in order to examine the current states of legal subjects on affecting the judicature activities. Meanwhile, combined with the requirements of judicature activities for harmonious society, the guiding project of legal subjects is achieved in harmonious society.Chapter Three: System factors in harmonious judicature efficiency. System plays a specifying and constraining role in judicature activities, which thus radically impacts the judicature efficiency. According to the measurement standard of judicature efficiency in harmonious society, this part first discusses the factors of the civil litigation concerning the improvement of judicature efficiency. It then moves on to the analysis of the current civil litigation system in our country to search for the problems impeding the improvement of judicature efficiency in civil litigation system. Lastly the reform project is put forward combined with the requirements of harmonious society.Chapter Four: Other factors in harmonious judicature efficiency. The distribution and control of judicature resource cost are the other factors affecting the judicature efficiency. The judicature cost is mainly divided into the cost the country has devoted, and the cost the citizen has devoted. Harmonious society demands the optimal devotion of the judicature cost to avoid the waste of judicature resources and thereby to improve the judicature efficiency. This part advances that, for the purpose of gaining the optimal devotion of the judicature cost, the"Equivalent Marginal Effect"Principle of economics can be used to distribute judicature resources when the country devotes judicature resources. Besides, the judicature cost the citizen has devoted in judicature activities can be achieved by the effective regulation by the country reforming the collection of litigation cost.