Innovation And Reguation: The Marking And Choice Of The Civil Action Proceeding

Because of the increasing civil trials and its heavy responsibilities, it is necessary to establish a just, effective and authoritative system of civil adjudication. How to make the function of civil adjudication come true? A reasonable, strict and self-contained procedure designing might do. The procedure of court trial is the centre step of litigious activities, so its reform is the key of the whole civil trial reform. Investigating Chinese court trial activities and comparative analysis will help discovering questions and transplantation of law. Defining the objective and function of court trial is orientation of trial procedure design. Perfecting principles of trial is the guiding ideology of trial procedure design. Concreting the specific system is the major of trial procedure design. Separating the pretrial procedure will help telling simple case from complex one and then focusing on cases really needing court trial. Absolute division between court investigation and court debate neither satisfy the cross-examination of litigants nor enhance the efficiency of trial. The lack of fact investigating step and evidence applying is a notable problem. It is excrescent to divide closing arguments and final statement. It is critical to deal with the relationship between mediation and judge. Furthermore, people who execute the trial procedure is important variable, which will affect the court trial. In other words, the role arrangement, cooperation and non-cooperation between judge and litigant is very important to process court trail.