On The Judicial Localization Of Civil Procedure In China

Judicature is the ultimate but also the most effective way for people to relieve their rights. We can live without civil activities on daily life. Once the civil disputes that occurred can't get justice, and let recessive factors unrestrained by procedures alone, secret worry will come into serious problem. It mainly points that the judges, clerks and other persons that involve in the civil procedure get inappropriate intervention and influence by local party and government administration easily, or obey due civil procedure for the interests of local persons and groups, which ultimately impacts on judicial fairness. We call this phenomenon judicial localization in Chinese civil procedure. This paper aims to define the common phenomenon of the judicial localization of Chinese civil procedure, which lies in Chinese civil procedure for a long time, furthermore analyse the influential elements in various ways, identify the severe impair this phenomenon brings to people's rights and judicature itself, finally attempt to propose the countermeasures to resolve this problem. Since this topic is set on base of the Chinese background, then the materials collected are mostly some scattered domestic research, or some reviews toward the existing problem in reality which consider it as it stands. Until now, there is no systematic and in-depth works on it. In civil law practice, the phenomenon of judicial localization is quite common, the resolution of which has become an important task of judicial reform. To achieve this, the Supreme People's Court is unveiling fresh policy constantly so as to promote judicial fairness and credibility. Therefore, the topic of judicial localization in Chinese civil procedure harbors good research value both in academic circle and practice department.Expect for the introduction part, the word number of this paper which consists of four parts comes to over 34,000.The first part of this paper makes definition of the judicial localization in Chinese civil procedure, and moreover describes its manifestation which includes the processes of case on file, the trial, mediate and executing.The second part of this paper analyses several elements involved which result in the problem, namely, judicial culture, sociology and institutional factor and so on. Among these, the judicial culture element includes the concepts of judicial instrumentalism and patriarchal socialist. Sociology element includes analysis of social structure and fundamental order which ensure judicature's effective operation. Institutional factor emphasizes that as one entire system, judicature is easily affected by politics, economy and other environmental factors. Meanwhile official incentive methods inside the system exert influence on the judicial localization's forming.The third part of this paper discusses the impact of judicial localization in civil procedure, which consists of damaging the economic order of socialist market economy order, violating and splitting judicial unifying, influencing the judicature to exercise authority independently, bringing about judicial corrupt and lessening judicial credibility.The fourth part of this paper attempts to resolve this problem by ways of modernizing judicial culture, perfecting the fundamental order for Chinese judicial system to effectively function, ensuring judicial independent authority exercising, improving judicial systems these countermeasures to reduce the phenomenon of judicial localization in Chinese civil procedure, and ultimately make judicial fairness reality.The writing method of this paper is raising a question first, then analyzing and solving it. In the meantime, sociology'and system learn are auxiliarily added in the analyses. It's just where most of this paper's innovation is.