Judicial Efficiency And Justice Reform

Judicial efficiency is the value that many countries in the world are pursuing in their judicial system reforms and it is also an important criterion when a country's judicial system and constitutional level are assessed. This thesis, through a systematic analysis of judicial efficiency, combined with the judicial reform practice in some foreign countries, illustrates that our country will, too, promote judicial efficiency, the essential objective of the judicial system reform, and will take reform measures accordingly to serve the purpose.The first part introduces in brief the efficiency value of law, the origin of western perspectives on judicial efficiency and its influence on judicial system. Since 1960's, efficiency has become an important criterion when a judicial system is evaluated as a result of the establishment and popularity of Jurisprudence of Economic Analysis. In addition, many countries, aiming at the realization of efficiency, reform their judicial system through the simplification of the proceedings and the operation of the multiple procedures.The second part discusses the basic theories of judicial efficiency. Judicial efficiency is in nature the integration of the macro efficiency negative and the individual efficiency positive and the integration of the procedure value and the substantial value. Judicial cost, one of the basic elements of judicial efficiency, can be analyzed from different angles, which is significant for judicial cost economization and cost deployment optimization. Judicial efficiency is a multiplex value system, which includes both the countries and the individual efficiency when its subjects are concerned; which includes both economic and non-economic efficiency when the nature of its content is observed; and which includes both direct and indirect efficiency when its influence is taken into consideration. From the analysis of the value system ofjudicial efficiency, therefore, we can reason out some basic rules that our judicial reform should apply. Judicial justice should serve as the premise of the pursuit of judicial efficiency value. And the follows are the possible approaches: First, judicial power independence; Second, proceeding cycle curtailment; Third, cost participation reasonability; Forth, procedure simplification; Fifth, multiple dispute resolution system.The third part, on the basis of the above interpretation, analyses the limitations that exist in our present judicial system (here it mainly refers to the trail system) and provides some concrete reform measures. Our judicial system is lack of independence; the internal operating system of judicial procedure is not well constituted; in the meanwhile, unreasonable cost participation leads to the waste and the low-efficiency of the judicial resources. The practical reform measures are listed as follows: One, the judicial organization must be entitled to its independent judicial power, entirely, and related Judiciary Responsibility System must also be established; Two, we should improve the Summary Procedure, expand its application areas and we should also look to create Small Claim Procedure and Special Procedure; Three, we should seek to amend northerly some articles regarding the Proceeding Duration System to fill in the holes of the kw; Four, more responsibility of cost participation must be imposed on both individuals and the parties who lose the kwsuit, so as to help people to be more cautious and reasonable when they resort to the kw; Lastly, ADR system must be bettered and strengthened in order to decrease the quantity of kwsuit and economize the judicial resources.