On The Concept Of Centralized Trial

In twenty-first century, the society has become diverse, complex, changing rapidly with increasingly fine divisions, cases accepted by courts has raised rapidly and become more complicated and there are more and more cases involving professional. When facing with the dilemma between limited judicial resources and indefinitely increased cases, how to negatively mitigate litigations and positively clear the accumulated litigations in order to protect the fairness of litigation rights of each citizens and make sure that each case can be trailed and closed rapidly and the results of trail are not only in compliance with fairness and justice but also meet the requirements on the professional levels of the public and thus access to the convince of the parties or social public, is an urgent problem which shall be faced and solved positively.The Act of Streamlining Trial Procedure and Speed up Trial Process as drafted by Germany in 1976 and revisions on the Civil Procedural Law made in 1996 by Japan and revisions made by Chinese Taipei on Civil Procedural Law in 2000 were all focused on the centralized trial to achieve the goal of centralization of trial, viz. how to make the proceedings more efficient through the reform of civil trial model and to realize the ideal result of detailed trail and rapid close, and therefore make correct and prudent, simple, rapid and economical judgments.From the prospect of the development of civil procedure of each states, the principal of centralized trail ha become very important principal in civil procedure, however, China's civil trial system has long been neglected by civil legislation and jurisdiction,, even by the research on procedural theory, yet no centralized trail system in strict sense has been established, which is the very one of the reasons why China's civil jurisdiction can not walk out difficulties. This essay analyzes the values and functions of the civil centralized trial system by studying the system in different countries, hoping it will be helpful for the establishment of China's civil centralized trial system and thus designing a centralized trial in line with legitimacy, rationality and integrity of lawsThis essay, starting with the concept of centralized trial, analyzes its values and functions. The focus on the facts trial for the first instance can be realized through design of centralized trial so that disputes between the parties can be resolved promptly and the waste of social resources, the party of labor, time and cost can be avoided, acting as a basis for the target for stepping into a country ruled by laws.