On The Principle Of Centralized Trial In The Civil Procedure Law

Centralism of judgment is one of the pillars that reform the old things and develop the new things in civil procedure. Its history of development is long. This principle was rooted in such legal environment as jury system and adversary system in Angle-American law system, It greatly shows theoretical value and systematical advantage because it enhanced efficiency and preserve civil justice. So since 1950's, several main countries and territories of continental law system establish centralism of judgment in their civil procedure law. At present, centralism of judgment is becoming the spiritual leader and future aim in civil procedural reform and modernization in most countries, because the deeper the theoretical study on this principle goes, the more its rational factors show. This reform trend brought strong shocks to our civil procedural reform. The traditional civil procedural theory and system say no to centralism of judgment in our countries. There is rare study and discuss on this principle in intelligentsia and rare usage of this principle in civil action. So it is very important to bring in centralism of judgment and make it suitable to the legal environment in China, The aim of all the efforts is to make the good use of the principle. This paper brings light on the concept of centralism of judgment and labels it as fundamental principle in our civil procedure law. Then the author analyses its theoretical value. At last, the author gives some advice on civil procedural reform in our countries.This paper includes about thirty thousand words and four parts:Part One The Concept and Status of Centralism of Judgment There are many different theories and ideas about centralism of judgment because it is an old procedural principle. This part collects and sorts out all the opinions. Then the author concludes the concept of this principle in our civil procedure law and establishes it as the fundamental principle.Part Two Centralism of Judgment in Other Countries It describes the origin of this principle. Compared with the traditional ways of hearing, centralism of judgment has many advantages that attracted ma in countries and territories of continental law system move toward it. Since 1950's, there is a reform trend of the civil procedure about centralism of judgment all over the world that could teach us many lessons.Part Three The Theoretical Basis of Centralism of Judgment As the theoretical fundament of many system in civil procedure, centralism of judgment that put forward the civil procedural reform has become the inward requirement of civil procedural modernization. Thus there are some same points between centralism of judgment and civil procedural modernization. This paper tries to find these same points, that can give more supports to centralism of judgment.Part Four Advice on Civil Procedural Reform toward Centralism of Judgment in Our Country The aim of all the study on centralism of judgment in this paper is to give more theoretical supports to civil procedural reform in our country. Therefore this paper discusses the probability of centralism of judgment in our country and gives some advice on amending some civil procedural regulation.