On Trial Harmony Road

Governing the nation according to law and building a socialist Harmoniou country ruled by law are a fundamental policy which has been expressly set out in our constitution.the 17th naitional congress of the Communist Party in China calls for the judicial system reform based on the principles of judicial justice and fairness.Confronted with such a great challenge,the whole law society and all judicial members have exerted extensive passion and attention into the judicial system reform,in which the reform on the trial system has become the focus of all concerns.The restructuring of the trial system,whatever the construction of the court as an harmonion socialist,which not only looked as a politic topic but also the harmony society shuld have some systems of law to protectin for the harmony society.The judication system as a last way to adequate protection the litigation rights of theparties',which it'self belons to a harmony system,so to service for the harmony society.And the path of society tell us that there wuld be two problems as the devlop of the economy,one that is the system of politic and law make a new blueprint,the other condtion may that so imharmony with the harmony society that the harmony society wuld be retreat,there are lots of social contradictions In the social transition perrid of china,For bring obout the Chines peoples'rivive of mighty,our paty have make out astrateg decision on building up ahamonious societi in order to resolve the social contradictions that is rule of law.But the civil tyial system in China so lacs of efficiency and the judicial resources were not arranged efficiently that to fit the need of rule by law under the bacground of globlization,when we rivies the past practice in china special and analyses the problems in china traditional system of civil retrial,so,the judicial crisis occurs.It tell us the reform of the system of civil court and the reform of litigation to the reform of judication system shoud to do as soon as to chang the condition of the unfinality trial.The popular notion of predigesting the civil procedure about tow vies in china,somebody holds that the system of retrial shoud be turn into right of retrial,someother propse that the retrian shoud be cut off to develop the complete civil procedures to have a litigition of finality with condition three-trial,without doubt that they put forward their own grounds. It has advantage about the standpoint abobve-mentioned,and change offer a base for me.But,I am going to resolve the problems from another idea direction, which that is to building harmony system of trial.I holds that the core of national ethos about harmonious shuld be paid to the people's livihoog inconstuction,this is a request of key value for the social prominent contradictions.The targest of the judicial reform in westrn countries art to settle the case more efficiently and cheaply other than officially,but the target which china judicial reform shoud pursuejustice especial proceduraljustice to adequate protection for the litigation rights of the paties'.For this reason,the author raised a new system on civil trial that is new cooperation institution of trial.The fundamental aims is to analysis and find a law of human-based run through the process of trial to reconstruction and replacement old system.The law of human-based nan through the process of trial have three meanings,fistly,The system and action of trial shoud fit with the law about trial,secondly,The system and action of trial shoud take the faimess and justice as its request of key vallue.Lastly,Its also shoud to adquate protection for the litigation rights of the parties'.This is a most way on people oriented.The law will believe by people when the three meanings had to devlope.So,this dissertation have put forward the idea of the concentration of law in our contry.The subjiect of dissertation that is the "regularity",and the core is Culture as spirit to dicede the harmony of civiltrial,judicial justice and fairness of the trial system and judication system as a last way to adequate protection the litigation rights of theparties',from the perspective perform of civil retrial and divided into four chapters(about50,000 words).The logic frame of dissertation include general comment and conceretize judgment.Chapter one of this dissertation,fistly,the dissertation rivies the past practice in Chinajiudical reform briefly,analyses the problems in China traditional system of civil trial.And make a rationally learning to the popular notion of predigesting the civil procedure in China.Analysis the perform of civil trial has a foregone From the reason,the challengs confronted by China and its countermeasures.Chapter two of this dissertation,On the system of the reform and innovation,it's foucus of the dissertation.Dissertation have a subvert and reestablish to The Cooperation of trial about the in antiquity Chines.Dissertation sucked up some advance theory of law is a ideal of open-minded,and consult the rights of proceduer selectivity from TaiWan district,whoes basic ideal of in order to reflect and protction hunan rights to reconstruction the rights private govern,which also to break the straite,to achieve harmonious of civil trial as a matter of fact.For this reason,the focul point of disseratation has a creativity design.Disseratation main suggest recommend the system of Cooperation trial to integration the harmouious spirt and deal with what social prominnet contradictions in the Chines social perrid.System of Cooperation trial is the exploration into the roof of ideological system of strategic decision on building up a harmonious civil trial.Chapter third of this dissertation,On the harmonious system of the The Cooperation of trial shoud have be provide with protction hunan rights.The request of key vallue is to settle the Justice and have both high effficiency.Dissertation makes a consultion go through compare some excellent systemes form oversease.Dissertation makes a analyze from the position of reestablish authorrity.On the foundation,the focal point of this section to discuss the great meang on reestablish the harmonious system of the The Cooperation of trial in the age of globalization.In the end,the dissertation takes a glimps at the prospects of China judical reform and shows the great opportunity for the China judicial reform.Immediately alter,dissertation sucked up some advance theory of law is a ideal of open-minded,and consult the rights of proceduer selectivity from Tai-Wan district,whoes basic ideal of in order to reflect and protction hunan rights to reconstruction the rights private govern,which also to break the straite, to achieve harmonious of civil trial as a matter of fact.For this reason,the focul point of disseratation has a creativity design.Disseratation main suggest recommend the system of Cooperation trial to integration the harmouious spirt and deal with what social prominnet contradictions in the Chines social perrid. System of Cooperation trial is the exploration into the roof of ideological system of strategic decision on building up a harmonious civil trial.Chapter four of this dissertation is the study of the basic problem of law.In the chapter,fist of all,on the basic of the objective law,immediately after,theory of humanlist of MENCIUS is the center.theory of humanlist of MENCIUS has a impotent position to any country especial fit with moderrnization.Therfor,the theory of humanlist of MENCIUS pay close attention by thechapter.Nextly,the paper discussed the new chines country striving to develope the complet civil procedures,which indicate the ideal of putting people fist,and the complet civil procedures devote a lots off for the civilize of china.However,with the devloping of the human rights,the last civil procedures contradiction with rule of law,globllization and the law of humanlism,which shuold be reform by idea, practice and legislation.Immediately after,this dissertation makes a new blueprint for the coming reform of civil procedure.The dissertation discussion on the topic of syestem also,seeing that the importance of syestem.Its hold that Justice,authorrity and high efficiency are the basic law ideal of the harmonious socie.Nextly,Culture as spirit and system as body of the harmony.Culture is core to dicede the harmony of civiltrial.The reform and innovation or the consult and translation of the civil trail are need to the cultrure is harmony.firstly.Or,these contradictions have not be resolved.So,the focus of this dissertation holds attiude of reason made a compare,analysis,pick and choose harmouious law culture made by harmonious ideal.