The Research Of The Informal Trial On Civil Judicial Reform

For more than a decade, to adapt to the needs of the social economic development, civil justice reform has made universally recognizable achievements in the field of resolving social contradictions faster and better. However, it is undeniable that the problems coming during the reforming process also need to be reflected. The reform in the past time has been weighted too heavily toward the judgment of party doctrine litigant mode and the procedural theory of law in the west, but paid too little attention on social reality of China, and even completely ignored it. The flaw of the reform would naturally appear.This paper takes the judicial reform as the breakthrough point and explores the civil trial model of the judicial reform in our country. The significance lies in the analysis of the justice and efficiency of the compatibility problem in judicial practice. The author hope that we can think more about the informal trial which is existing outside the system and which is not accepted by most scholars. Thus, this paper may do some guidance to a new direction of the civil judicial reform in our country.In the first part of this paper, the related concept of the judicial reform, key points and difficulties in the process of the judicial reform will be introduced and stated. Based on the analysis of the current sessional form, the concept and characters of the informal trial will be introduced. And then the author will argue for its existent rationality and tell us the foundation in reality. That is why the author will put forward the possibility that the informal trial be brought into the formal trial system, which including:At first, re-improve it from the aspect of legislation. The bottom line is to ensure the principles of "open, judgment inter parties, oral, direct" during the program, which is regarded as the program guarantee. Second, at least one time of trial should be ensured in the operational process. And we should keep the substantiality of the trial. Therefore, formal trial and informal trial should be used alternately, so that the program would not be deconstructed by judicial practice. At last, guarantee the practical operation by using the program of the informal trial's bottom line, then lead people to set up the bottom line program concept. Only at the time when judicial practice can combine with social life well, can we have the chance to change the sense of law of the public, and construct a better program.It takes another stress is that the research of the informal trial in this paper is not just some local observation, but it extends on the justice and efficiency and then makes evaluation and analysis on the informal trial from the macroscopic aspect of the judicial reform. There is no guarantee that informal trial can give a new light to the judicial reform. However, "The approachable justice movement" which is put forward in the last part of the paper can indeed provide more reasonable voice for the judicial reform in the future.