System Of China's Civil Trial Period

Case trial period is the statutory time limit for civil cases of court, in which the court must end the cases in the fixed time. Civil trial period system's main content is:length of trial period, the starting of trial period, the grounds and procedures to trial period's extend, elimination of trial period, discipline to the violation of trial period rules, etc. Trial period system is an important part of civil Procedure Reform. A reasonable and complete trial period system is directly connected with Parties rights also judicial justice and efficiency. Although we have the specific regulations on trial period in the civil action legislations, but the legislations are too rough and procedure is not scientific, and these problems need to be solved.In this article, we have four parts to study the trial period:the first part is the basic theory of civil trial period, and it contains the outline of trial period and the function of trial period. According to the study of the basic theory, we could have a clear understanding of the trial period's content also learn much more about its elements and Constraint objects, and then locate the function of trial period.The second part is the study of civil trial period on comparative law. This part mainly concerns the civil trial period of common law and civil law also the study of their related systems, at the same time to compare and study the experience and model of abroad legislation. After compare the other countries'specific systems and reform measures, we will find a proper program from learning the foreign advanced and science experience in the legislation.The third part is the currency status of civil cases, and on this basis, we will find the limitation and causation of our trial period system. This part is mainly from the judicatory and legislation point of view to analyze the status of civil trial period system. It is the fact that the trial period in the judicial practice run not very well, and this due to the limitation of the system. Such as the uncertainty of the trial period cause the abuse of discretion, to extend the system highlights have strong color of authoritarianism, ignoring the rights of the parties, etc. so we must have a fully understand to the limitation and causation of the civil trial period system in order to prefer the civil trial period.The fourth part is the conception to perfect our civil trial period. This is the key part of the article, and in this part, we have three aspects:first, the value choice perfect our civil trial period; second, the specific measure to perfect our civil trial period; third, construct the responsibility system and supervision system. According to the limitations of civil trial period, the study will be necessary and feasible. Here we will follow the basic value of civil trial period and give some advises to the reformation of civil trial period, then complete the construction of civil trial period.