The Judge In The Case Management

Since the 80 decades of the 20th century, every country are having its'judicial reform, including American and England which have the adversary-mode and continent-law countries(such as Germany, Japan and France)which have the authority-mode. During those ways of reform, case management is one of the trends in world's judicial reform, aiming at improving litigant efficiency and escaping the suit delay. By over 30 years'try, there are two types of Case Management, the "Administrative Justice" of American courts and the "Centralized Trial" of the Continental Law System. The former encourage judges to actively manage the procedure in order to settle the cases without the trials; while the latter aims at pursing centralized trial which divide the procedure into two phases, the phase of arranging issues and the phase of investigating evidences, thus promoting the centralization of the trials. The present case management in China focuses on the phase of placing cases on files and the pre-trial procedure, as well as emphasizing the time limit of trials. Under the background of the amalgamation of the two kinds of suit mode, this paper analyzes the shrink of the adversary system, discusses the basic theory on case management, then it balances the two styles of case management, and finally gets the conclusion of that the intensive trial is our right choice at present. The pretrial system of China's civil procedure should be adjusted and perfect. The judges should help advance the procedure, and cooperate with the parties in order to put the target of promoting the civil trials efficiency into effect.