On Facilitating Litigation And The Rational Allocation Of Judicial Resources

With practice of the principles of justice for the people ,to facilitate litigation and protect the right to appeal becomes the direction of development of the modern civil litigation. At the same time, the new provisions of the implementation of the cost of litigation reduces the cost of litigation, the number of cases has a substantial increase. As a judicial last line of defense, the court faces an even more severe situation in the work. It is necessary to facilitate litigation and protect right to appeal, and also to prevent the already scarce judicial resources from being abused. We should understand and practice facilitating litigation correctly, rationally allocate the judicial resources, improve the efficiency of the proceedings. It is the issue worth the courts facing.This paper starts from the theoretical analysis for litigation and judicial practices, leads to facilitate the proceedings of the overall thinking, realizes emerging and potential problems, and then placed it in the current context of scarce judicial resources, study the rational allocation of judicial resources and the existing problems. Next in the perspective of legal economics study to the relationship between reasonable allocation of judicial resources and improving proceedings effectiveness of the parties and the court. At last, build systems to achieve the harmonious unity of facilitating litigation, rational allocation of judicial resources and the efficiency of the litigation.This paper consists of five main components. The first chapter mainly outlines the major theoretical basis for the facilitating litigation, to introduce the meaning of facilitating litigation, and conditions to facilitate litigation and the theoretical basis of the principle. This section is of the entry point and foundation of the full text .For booming of the convenience of litigation in China analyze the positive meaning and direction of development, then leads to the relationship between it and the allocation of resources.The second chapter introduces the legislation and judicial practice about facilitating litigation in China and sums up the characteristics, so as to a comprehensively understand and analyze the facilitating litigation of China.The third chapter mainly introduces the current situation of China's allocation of judicial resources, pointes out the unreasonable factors and causes. With the current practice of facilitating litigation, inquire the link between it and the allocation of resources. In addition, the paper points a key to the rational allocation of judicial resources is to improve the efficiency of the proceedings. Facilitating litigation and the efficiency of the proceedings should be harmonized and jointly formed with the rational allocation of judicial resources of a virtuous circle.Chapterâ…£focuses on the implementation process to facilitate litigation may arise in the litigation rights abuse. From the theoretical circle of abuse of procedural rights, starting with the development of awareness, analyze the meaning of the abuse of right to appeal, the abusing behavior of the right to appeal in judicial practice , and from the view of legal economics and psychology point out the real possibility of abuse of right to appeal,. Regulating the abuse of procedural rights and is necessary element to facilitate litigation and the rational distribution of resources.The last article is the main part of the paper. In the basis of former analysis the part points out system construction. In determining the correct guidance of the concept, first of all to made reasonable restrictions to rights of the parties to prevent the abuse of procedural rights. Secondly, if there is abuse of procedural rights we should build legal system to regulate it; additionally, from a legislative point of view set up facilitating litigation and take into account the efficiency. These are mainly small proceedings and alternative dispute resolution mechanism. At last, supplementary points out the "soft environment" building to facilitate the rational allocation of judicial resources. Mainly revolves the building of culture of the courts and the shaping due sense of civil litigation.