A Study On China's Civil Case Management System

Learning from the practice of civil judicial reform, both China and other countries have seen improving judicial efficiency as an important goal of the reform. However, there are considerable differences of judicial reform paths between China and other countries: civil judicial reforms in western countries focus on promoting case management campaign, to improve judicial efficiency through the procedural managements of judicial caseflow and intensive trial; the path of judicial reform in China is to implement trial process management, and to establish assessment system of trials'quality, so as to improve judicial efficiency through the control of case management in the way of managing the judges, laying stress on the demands of court itself, while involving little and fragmentedly about the adjustment of trial function.This note first discusses the basic meaning and the controlling factors of judicial efficiency, analyzes the feasible way of improving judicial efficiency, introduces the typical experience of case management in western countries, and demonstrate the typical index of the assessment system for the trials'quality and efficiency in China. The conclusion goes to: the administrative management of China lackes of the procedurel jurisprudence. In practice, this kind of management cannot help improve the judicial efficiency. The fundamental way to resolve the problem of judicial efficiency is that the administrative management should be transformed to the adjustment of the trial's function, and many forms and procedures during the pretrial should be changed so as to promote judicial caseflow and intensive trial under the management of the judges and reform the regime of judge administration with classifying the judges and strengthening the constructure of judges'professionalization according to the requiement of administrative justice.