Litigation Avoidance System

Challenge system in proceedings is an important litigation mechanism to guarantee the judicial justice and actualize the procedural justice. Though Civil Procedural Law, Criminal Procedural Law, Administrative Procedural Law in R.P.C. and the Supreme People's Court constitute some regulations of challenge system, the system still need be completed ipso facto. This dissertation started with etymon and origin of challenge, analyzed the meaning and the basis of principle of law at the establishment of challenge system in litigation, and through the comparative law introduced the systems in representative nations of the common law system and the continental law system. Then the author saw about the running status of the challenge system in practice by questionnaires, and gathered the existent problems and valuable reform ideas. To be dead against the limitations of challenge system in proceedings in China, the author brought forward some reform measures that are based on the analysis of comparative law, original intention of legislation and the present situation of China. And these measures include completion of law and criterion, establishment of challenge system of functions and powers, establishment challenge system of the whole court, extending of challenge objects, completion of application system for challenge, completion of guarantee system for challenge, establishment of regions challenge system and so on. The author of this dissertation expected that the measures put forward could make challenge system adapt the situation of China better and exert its functions more efficiently to guarantee judicial justice and incarnate procedural justice. And at the same time, the author expected more that the dissertation could attach importance to the challenge system for the legislators and judges in China.