The Establishment Of The System Of The Parties Choosing The Judge In Civil Litigation

In recent years， China’s individual court hasspontaneously carried out the system that the partiescan choose the judge， which will put forward a newresearch project to the judicial and the legislativetheory. If the parties of civil litigation choose thejudge， that will mean that the parties shall have theright to choose their own judge related their case，including selecting the suitable judges in his own caseand eliminating the unsuitable judges in his own case.The system that the parties can choose the judgespontaneous appeared in China， which mainly is a resultof the current lawsuit idea， the serious defect of thedivision system， the low group judge quality， thefause state of avoiding system.In theory， the system that the parties choose thejudge has the feasibility. It is based on the theoryof protection of the program human rights， principleof subjectivity concept and the procedure option. Itis valuable to the parties， the court and the whole society， such as improving the judicial reliabilityto the parties to enhance the judicial authority，promoting the judge literacy and raising the level ofjudgment， improving the judge quality and efficiencyand reducing the source of litigation， promoting theprocess of the judicial democratization and theawareness increasing the public’s right.If the system that the parties choose the judge willbe executed in China， we must learn the practiceexperience from other countries and regions carefully.In Taiwan province of China， the system of the civillitigation is the first selected civil litigationsystem in the world， it is also the only one. Itincludes the scope， time， method and effect ofchoosing the suitable judge. Because the system has theobvious flaw， such as unreasonable choosing way， noclear choice time， the necessary measures to carry out，eventually it leads to the failure in Taiwan area.Based on the failure of Taiwan practice， we shouldcarry out the system that the parties choose the judgemore cautiously， more strictly. In the form of thelegislation， the judicial explanation can be tried firstly in some courts. In the system contents， we mustclear the scope of the applicable cases， the programscope， the time， the way and the effect. At the sametime， we should perfect the related measures， suchasSet up a special agency responsible for therelated matters， announcing the detailed situation ofthe judge and providing the format of the judge forrewards and punishments measures. At the same time，we should perfect the related legal system to ensurethe implementation of the system that the partieschoose the judge...