Research On Sole Judge System In Civil Procedure

With the rapid development and transformation of the society, cases in court is increasing so much that the application of sole judge system in the basic People's court has the tendency of expansion, with which the collegiate system has been weakened. This paper focuses on the research of the sole judge in trial organizations, including its value, characteristics and advantages. Based on the comparative study, through analyzing shortcomings and problems of the sole judge system in china, the author proposed some strategies which could consummate the sole judge system. Due to the lack of research on the sole judge system, this paper is helpful to provide theory basics for the reform in trial organizations.This paper is divided into three parts except the introduction and conclusion. The roadmap is as followed:The introduction part gives the purpose and import of the study on the sole judge system. Through reviewing the related study which have many problems both in quantity and quality, the author proposed the framework of the study on the sole judge system, along with the corresponding study approaches.In the first part, the author introduces the concept of the sole judge system with its characteristics and sources. The relationship between the sole judge system and the collegiate system is also clarified through comparison. Through comprehensive study on three important concepts, including the sole judge system with the independent adjudication, the justice achievement and the litigation efficiency, the author points out that the purpose of the reform to the sole judge system in china is to promote juridical independence and guarantee the independence of judges. The author also demonstrates that this collegiate system is not so preferable to the sole judge system in justice achievements. On the contrary, the sole judge system is helpful to alleviate the cost and improve the efficiency, which could give consideration both to efficiency and justice.The second part mainly includes comprehensive studies to the sole judge system by comparison. After introducing and analyzing of the sole judge system in many other countries, the author abstracts the characteristics of sole judge system which are applicable to both continental law and British law. Some more detailed conclusions are as followed: the sole judge system is more applicable in grass-root courts and below; simple cases with small value of subject matter are more adaptive to the sole judge system; the sole judge system in British law needs some other complementary measures such as selection of judges; the common tendency of the sole judge system is to enlarge the application scope and therefore alleviate appearances of the collegiate system.In part three, the sole judge system in china is deeply analyzed, including its actuality and existing problems. The author points out that the main problem of the sole judge system in china is the deviation of internal values and the society's distrust. More detailed problems are proposed as followed: the linkage between sole judge system and simple procedure is brief; the applicable scope is rather obscure; the collegiate system is more weakened and there is no flexible transformation mechanism between sole judge system and collegiate system; litigants lack rights to choose the due process; the capability of judges is not enough to prevalence of the sole judge system. At last, the author concludes with the necessity of improvement to the sole judge system from three aspects.In part four, the author focuses on the strategies to improve the sole judge system in china. The inner value of sole judge system is repositioned. The transformation from court independency to judge independency is proposed by the author so that the litigation efficiency is improved providing with the justice. Some more detailed strategies are proposed, including legislation standardization, expansion of applicable scope, identification of applicable cases, improvement of transformation between sole judge system and collegiate system, more rights of litigants and related reforms with the judges.In the conclusion, the author emphasizes the significant purpose of this paper, while difficulties in the reform of trial organizations are discussed. The shortage of this paper and next study plan are also proposed. At last, the author looks forward to the development of sole judge system in a more widen perspective.Innovations in this paper are as followed: firstly, the sole judge system is comprehensively studied, especially its values. Secondly, the sole judge system in china is detailed discussed, in which existing problems are analyzed. Some innovational strategies to improve the sole judge system in china are proposed in this paper.