Promote Action On The Judge

In the civil procedure pattern reforming process of China, in order to prevent the civil judicial reform from the authority system to litigantarian system just as from the high efficiency but unfair system to the excessively delay system which causes by too negative judge and the litigant abusing procedure, it is necessary to correctly locate judge's function in civil procedure, define judge's ultra authority behavior in civil action, and standard judge's essential promoting the lawsuit advancement behavior, making the dispute fast and effectively solved. The act of judge on promoting litigation divides into the procedural promoting litigation act and the entity promoting litigation act,regarding former including all kinds of litigation period assigning, the procedural act in the pre-trial procedural and the procedural act in the trial process, latter including judge's promoting the litigant reconciliation in the pre-trial and trial procedure,assisting the litigant to reorganize the case point of contention and judge's interpretation behavior. Standarding the act of judge on promoting litigation is to manifest enhance the procedure efficiency, the substantive fair value, realizing litigant's procedure safeguard , safeguarding procedure stability and so on. It requests the judge's following principle, legally exercising principle , the neutrality principle , no-violating the adversary and disposal principle and the procedure safeguard principle ,in order to perfectly implement the act of judge on promoting litigation. Regarding the procedural promoting litigation act, judge should have positively to exercise, but regarding the entity promoting litigation act, judge must discretely exercise.Regarding concretely the procedural promoting litigation act and the entity promoting litigation act,it has the different request,.The legislation should also provide the relief mechanism for the litigant when judge doesn't suitably exercise the act on promoting litigation.