The Discussion Of Our Civil Lawsuit System

In the newly revised "Civil Procedure Law":"simple civil cases in accordance with the provisions of the first paragraph of article157th of the basic people’s court or tribunal are dispatched by it, urban employees whose annual salary under the age of thirty percent in the provinces, autonomous regions, municipalities directly under the central government, carry the regulation of a trial the final on ".This new provision make civil lawsuit system which have been either in practice or research circles all advocate formally in the form of legislation to determine down, this law will also change the civil lawsuit system which lack legislative support in judicial practice as a pilot for the awkward state in the past time.Civil lawsuit system as a ratio of the civil summary procedure is a more simplified civil litigation system, on one hand, it can be more convenient for the parties to resolve conflicts and disputes, reduce litigant lawsuit burden; on the other hand, it can also further improve the court trial efficiency, to achieve the greatest degree of case, advance the reform of civil judicial trial. But, at present, because the civil litigation system is just the construction in legislation, and it has been implemented in some courts in the country which is still at the experimental condition of irregular, it did not form a perfect system in the judicial practice, so its own is still to be improved.From the point of view of the civil lawsuit system in civil legislation present situation as well as the courts at the grassroots level part of the national and the court as the present condition of the pilot application, the current civil litigation systems both in legislation and in the judicial practice are more or less existing some problems, the specific type, whether litigants have the procedure option do not explicitly applicable civil small litigation cases in the current legislation. What the remedy is intented to explain in setting up civillawsuit system, whether there is civil petty lawsuit system and legal documents which lack standardized style; the problems in judicial practice aremainly in the litigant of civil small litigation system, which refuse to apply in the process of the application of mediation, the dependence and other civil trial mechanism connection problems, the lack of legal environment can improve the implementation and application of possible abuse of discretionary power of judges and the abuse of right of action etc.These problems are likely to affect the future of the system of civil litigation which plays the role in the reform of civil trial, so we need to present civil lawsuit system and make further improvement, in order to make the civil litigation system play better in the civil procedure, especially the unique role in the civil summary procedure. Among them, the civil lawsuit system perfection in legislation mainly includes:adopting norm and clearly lists applicable civil small claims litigation cases of specific types, establishing standardized application of civil lawsuit system of legal documents, in the style of a clear legislative entitle litigants in civil lawsuit system select the right procedure, in the legislation we should make clear the construction of civil litigation system of the original intention and in legislation or in the judicial interpretation of civil remedies for small claims procedure shall be clearly stipulated in the legislation of civil lawsuit; the perfection of the system in the judicial practice mainly includes:strengthening the social propaganda of the civil lawsuit system and procedure of choice in the case and the parties of communication, strengthening the training of the professional judges, improving the ability to transform their business, creative application of civil lawsuit system can only judge trial way, as the civil lawsuit system applicable to create relevant matching system and process to strengthen the case which review in the application of civil lawsuit system.This paper mainly discusses some thoughts to perfect the civil lawsuit system, working through some made solutions in legislation and judicial practice of the improvement measures, making up the current problems in the civil lawsuit system which still exist in the legislation and judicial practice and shortcomings, it is committed to the promotion of civil lawsuit system in the present and the important role in the future of the civil judicial reform.