Civil Litigation Immediate Judgment System Of Our Country

The immediate judgment system is existed as the exception of the trial mode of the second instance of the civil litigation in our country. With justice and efficiency becoming the themes of judicature in the 21st century, how to alleviate the antinomy between the large quantity of cases and the little judicial resources as well as search a legitimate and faster trial procedure become the most important things of judicature in the new period in our country. Although the immediate judgment system exists for a long time, people don't pay attention to it which we can see from the rules concerned such as the present civil procedure law and judicial interpretation. Furthermore, the rough of lawmaking directly causes confusion in the immediate judgment procedure in practice. In this paper, we start with the value concept related to the immediate judgment, then try to find a best way to balance procedural protection and litigation efficiency by the analysis of the lawmaking, judicial condition and reason of the present immediate judgment system, thus to build up the immediate judgment system which is the most suitable for China's national conditions.Firstly, we start with the legal theory of the civil litigation immediate judgment system, and then describe the concept and characteristic of the immediate judgment system as well as the discrimination of its concerned concept, thereby finding the significance and the value of the immediate judgment system.Secondly, we further analyze the lawmaking, judicial condition and reason of the present civil litigation immediate judgment system of our country. By the description of the lawmaking and judicial condition of the present civil litigation immediate judgment system, we point out the problems of the immediate judgment system, then discuss and analyze the reason for these problems in detail.Thirdly, we propose suggestions to try to improve the civil litigation immediate judgment system of our country based on the defect of this system. We discuss whether to abolish the civil litigation immediate judgment system or not to show the significance of keeping this system. Then according to the problems in lawmaking and judicial practice of immediate judgment and the way of balancing procedural protection and litigation efficiency, we suggest to improve the civil litigation immediate judgment system by improving the rules of procedure, defining the applicable standards and giving the parties reconsideration relief.