The Principle Of Orality Of Civil Procedure

The principle of orality is established as a basic principle in modern civil Procedural law. Since the reform movement of European judicial proceedings in 19th century, This principle which is the banner of reform, discretion , direct inquisition test and collective inquisition has together brought out the modern centering on court trial litigation mode which is based on oral statement, public hearing, direct inquisition test and bench trial. Europe's civil action insists from Written in-principle into verbal trial. As the legal environment changes later, verbal trial changes into the principles of a mixture of Written in-principle and verbal trial, which is specifically reflected in the way of the trial compared with oral hearing and written methods. Similarly, reform of Chinese civil trial mode beginning in late 1980s, is also mainly to strengthen the trial function, and continuously build up the framework of the modern civil litigation. However, our Civil Trial Reform has an essential difference to European civil justice reform. This paper started around the principles of verbal trial, through discussion of the basic theory of verbal trial and research on its historical change in Europe, finally settles on the way to further deepen the reform of our country's trial and puts forward a number of reform measures. The body of this paper can be divided into five parts:Part I: The historical evolution of the principle of orality. The paper uses the perspective of comparative law, mainly bases on the historical changes of the principle in civil law countries, and explore the law of civil justice reform. Finally, with the perspective of two schools of the country merging, put forward the principle of orality as well as the future direction of the reform of the trial.Part II: Theoretical basis and functions of the principle of orality. This principle has an important position in civil proceedings, but also the foundation of other litigation principles. It has a solid theoretical foundation: liberalism is the logical starting point of the principle of orality, achieving justice through the process is the value of the term pursuit of the principle of orality, structure is inseparable from the function or this principle. This principle has other important functions of ensuring the realization of other principles of civil litigation: to safeguard public hearing, direct inquisition test and bench trial , thereby achieving binding discretion through the process.Part III: The expressions of the principle of orality in modern civil procedure. The principle of orality plays a basic role in modern civil procedure,which has different expression at different stage.This paper discusses it in detail and defines the principle's exceptions.Part IV: The current situation of the principal in China's civil action. Although the principal has not been formulated in China's Civil Procedural Law as a fundamental principle , but since the late 1980s, the reform of the civil trial has fixed some of the outcome of pursuit and expression of the principle. However, the principle has not yet been fully established in our country. In judicial practice, the written testimony's widespread, formal court proceedings nominal, the trial system fault phenomena as well as institutional reasons constraints on the realization of the principle of orality. In this regard, the principles fully established in the proceedings is as a request which deepening reform direction of China's civil trial mode. This requires the support of the litigant's procedural status and the judge judicial independence. Based on the guide of using the principle to deepen the reform of China's trial measures, the paper proposes the following ideas: improving the judicial system, to change the trial of fracture phenomena; establishing a perfect pre-trial preparation procedures to achieve centralized court; improving the attendance of witnesses regime, implementing the principle .The concluding remarks the different situation of the principle of orality between our civil justice reform and Europe's once again, points out the difference explanations in direction, with combination of the local judicial environment , puts forward the reform of China's future mode of trial must continue to uphold and implement the principal, and builds the civil proceedings which lines with modern civil justice model.