Program Options Perspective Of Civil-speed Cutting Mechanism

With the economic development and the increasing consciousness about protecting citizen rights, civil and economic cases in the world have been soaring. As the result, from the middle of 20th century, countries carried out the amendment of civil procedure law one after another and made significant modification on general principle and specific procedure rules of civil lawsuits. Our country is also going through a social transformation period, facing with the "lawsuit boom" phenomenon, the burden of protecting justice mostly rests on the court. In order to adjust to diversity of disputes and to solve the current judicial crisis, some courts began to practice and explore the immediate judgement mechanism, which has indeed effectively release the crisis to some extent.Based on the rules of immediate judgement mechanism in various courts, this thesis made a summary of the practical situation. On the basis of the foregoing summary, the thesis found that the problems of the mechanism mainly arise from its theoretic system. Therefore, this thesis launched into the research on the conceptions and theories of immediate judgement mechanism. Firstly, analyzing the conception of the mechanism, as well as the relation between justice and efficiency, procedural option right and litigation command power, procedural justice and substantive justice, this thesis proved that the procedural option right is necessary to the immediate judgement mechanism. Secondly, on the basis of ontology of procedural option right, we described three pairs of relation between procedural option right and the mechanism. At last, comparing similarities and differences between Chinese immediate judgement mechanism and its counterpart in other countries, identifying orientation of the mechanism and complying with ensuring procedural option right, this thesis puts forward a proposal to build up and perfect immediate judgement mechanism.This thesis, with a total of more than 32,000 words, is divided into following four sections.The first section is "Current Situation of China's Immediate Judgement Mechanism".First of all, it introduces the rules of the immediate judgement mechanism. Secondly, the author summarizes the relevant practice through four aspects such as institution, scope of acceptable cases, procedure rules and procedural connection. Based on these, this paper put forward a conception that to solve the problem in immediate judgement mechanism needs to research its basic theory.The second part is "An Overview of Immediate Judgement Mechanism".There is debate on procedure, system and mechanism in the theory of immediate judgement mechanism. To logically conclude the conception, apart from the semantic analysis of related concepts, practice is also a indispensable factor. According to this clue, the thesis deems that immediate judgement mechanism should be termed as a mechanism, and concludes a definition of the mechanism. Then, from two perspectives, the author describes the context of formation of the mechanism, which paves the way for the elaboration below.The third part has a theme on "The Necessity of Procedural Option Right" and "Further Expansion on The Relationship between Procedural Option Right and Immediate Judgement Mechanism".Although expressions may be different, the relationship between justice and efficiency, procedural option right and litigation command power, procedural justice and substantive justice is considered as theoretical basis of immediate judgement mechanism. However, until now there is almost no study on their internal relations. At first, this thesis compares these three pairs. Then, on the basis of admitting that they all have a influence on the mechanism, by contradiction analysis, the thesis draws the conclusion that procedural option right is the principal contradiction in the theories, which proves that it is rationality that the thesis takes procedural option right as a breakthrough point below.As stated above, procedural option right is necessary to the immediate judgement mechanism before, which gives our research a new perspective. Therefore, we need to begin with the basic theory, find out the concrete manifestation of the necessity. Firstly, this paper discusses basic contents of procedural option right from generation mechanism, connotation and function in the practice. Secondly, combined with our immediate judgement mechanism, we prove the necessity from three perspectives, which establish the foundation of laying down the criteria of reform which will be discussed in the next part.The forth part is "The Improvement of China's Immediate Judgement Mechanism".At the beginning, we compare with other similar procedure or system, which is not only in order to provide a benchmark to evaluate our mechanism, but also to point out the developing direction. Secondly, according to the forth part, it states the defects of our immediate judgement mechanism. Once again, based on the necessity described before, it put out some requirement in construction of the mechanism. Finally, it comprehensively fabricate the immediate judgement mechanism in the aspects of orientation, the scope of case acceptance, applicable court and trial grade, procedural rules, appeal system and convergence between immediate judgement mechanism and other systems.