The Research On Immediate Judgement Mechanism

"Justice and efficiency are the theme of People's Court in the 21st century" the rule of law in the proposition shows that the reform of the civil trial should be carried out centering justice and efficiency as two targets. Faced with the rapid expansion of judicial demand, the situation of judicial resources in short supply, how to maximize the efficiency of the proceedings on the basis of ensuring basic justice, to obtain greater judicial interests with less cost, and to realize the dual justice in both procedures and results, are an important topic of judicial reform. Immediate judgement mechanism has made beneficial exploration in this aspect.According to the concept of immediate judgement mechanism, this paper has summarized its characteristics through comparing it with systems of its kind both at home and abroad. And through the further studying of the theory of the justice and efficiency, as well as the analysis of the realistic background in which the mechanism sets up, this paper demonstrates the need for immediate judgement mechanism in our country. With the methods of empirical research, inspection of the status quo of immediate judgement mechanism for our country, and analysis of its pros and cons to trigger enlightenment, are the focus of this paper. The last section of the paper, aiming at the problems identified, on the basis of economics model, puts forward a proposal from a macro point of view to build up and perfect immediate judgement mechanism.This paper, with a total of more than 35,000 words, is divided into four sections.The first part is "An Overview of Immediate Judgement Mechanism".First of all, through the semantic analysis of related concepts, immediate judgement mechanism is identified as a mechanism, and given a definition in the paper. Secondly, according to the definition of immediate judgement mechanism, the paper gives a summary of the characteristics of mechanism: the specific scope of its application; the limit of its applicable pre-trial level; the flexible circulation of cases; simplified proceedings; short trial cycle; strengthened judges' authority; restrictions of party powers. Finally, through the comparative study of simple procedures, small claims and summary judgments, the paper not only clarifies the difference between immediate judgement mechanism and other systems, but also recognizes their common ground in dealing with more cases with fewer hands, and triaging simplified cases from complicated ones. Thus it lays a foundation to demonstrate that our country needs to set up immediate judgement mechanism, as well as to learn from extraterritorial experience to perfect immediate judgement mechanism.The second part is "Our Country's Need for a Immediate Judgement Mechanism".First of all, it analyzes value foundation of establishing immediate judgement mechanism in the way of explaining mutual relations of several litigation concepts including justice and efficiency, litigation costs and litigation benefits, procedural fairness and outcome fairness -to improve efficiency to the greatest extent on the basis of "bottom line justice" , to obtain the maximum litigation benefits with the minimum litigation costs, and to ensure a fair outcome through fair procedures. Secondly, it demonstrates the practical need for immediate judgement mechanism, through the contrast between the background of judicial reform in foreign countries and gaps in domestic simplified procedures.The third part is "Current Situation of China's Immediate Judgement Mechanisms".First of all, it points out the original intention and purpose to establish the immediate judgement mechanism for the convenience of the public litigation, for relieving the pressure from judgment and for improving the efficiency of litigation. Second, it introduces the practice of the immediate judgement mechanism. It points out the innovations that take place in immediate judgement mechanisms, in the aspects of installment of proper bodies, the scope of adopting the appeals, the proceeding of the related cases, the judgment of the related cases, and the public convenience procedures. Advantages and disadvantages of those innovations are pointed out judging from the principles of civil procedure laws. Last but not least, it reveals the problems that exist in the practice of the immediate judgement mechanism, including the lack of special protection from laws, the public's lack of thorough understanding on this issue, deprivation of the parties' right of choice in the procedures, inflexibility when charging fees, and inefficient connection with the mechanisms of dispute settlement beyond the litigation, which gives an illumination for the elaboration below.The forth part is "The Improvement of China's Immediate Judgement Mechanism".First of all, economics model is introduced into immediate judgement mechanism. By analyzing the mutual relations between judicial cost and benefit, it shows the possible influence on litigation efficiency; By comparing the samples from several courthouses through the model of cost and efficiency, it reaches the relationship between litigation cost and benefits; and it states to what extent the litigation cost would affect the litigation benefits, which provides the reference frame for the constitution mentioned below. Secondly, it clarifies the positioning of the immediate judgement mechanism, and makes a broad understanding based on its flexibility. It is envisaged that the ideal prerequisite for the further deepening of the immediate judgement mechanism is to lift its provisions up to judicial interpretation. Once again, entirely fabricate the immediate judgement mechanism in the aspects of the scope of case acceptance, cost, plea and debate system, service, lawyer agent, court investigation and debate, litigation documents, execution and prosecution, and strive to achieve a best arrangement between costs and benefits. Finally, from the point of view of convergence between immediate judgement mechanism and the people's mediation work, the immediate judgement mechanism and the mechanisms of dispute settlement beyond litigation, the paper specifies Immediate judgement mechanism should be consistent with the coordinated development of the work of the Court, and further advance the overall system from the perspective of the overall situation.