An Empirical Research Of Immediate Judgement In China

Some districts and courts active in the Immediate Judgment Mechanism, because ofadvocating and promoting with the Supreme People’s Court,in2011. Scholars have begun toturn to the perspective of this convenience of the parties to improve the effectiveness of theproceedings.However, there are not clear definition and the legal provisions of the ImmediateJudgment Mechanism. This reform measure developed from practice has been survived underthis gray zone of current law frame. Are there same category with the Small Claims? How todefine its scopes of application? It is a question that the immediate judgment mechanism is akind of Summary procedure. Some scholar argue that it should a independent proceedingswhich is quicker and more efficient. We must learn from the pilot programs. Discovering andovercoming the difficulties. While we also should learn significances of Amendment of theCivil Procedure Law. The answers and explain to these questions have the importantsignificance of contemporary civil trial reform. It also have the strong practical values. Withthis awareness of the problems, the text attempts to give advices and suggestions of the CivilProcedure Law’s modify, analyzing pilot projects in a comprehensive, in-depth and objectiveview.Besides the introduction and conclusion, the text is divided into five parts.The first part is an overview of the Immediate Judgment Mechanism. It originated fromthe practices, in the special Chinese economic and social backgrounds. There are differentfrom the Small Claims Litigation. Since21Century our country’s economy are developed fast,to bring greater social and ideological changes.Litigation demands of the people increased,the court is increasing pressure on these diversified disputes. The immediate judgmentmechanism is the reform measures which the courts face the contradiction between the moreand more procedural requirements and the limit judicial resources.The second part is the empirical study of the Immediate Judgment Mechanism of somecourts in Yunnan Province. Such as the People’s Court of Anning, the People’s Court ofWuhua Kunming, the People’s Court of Heqing Dali Bai Autonomous Prefecture. Itintroduced the organization, the system scope of application and the rules of the trial.Comparison of the natural, social environment, where came into program of the ImmediateJudgment Mechanism in earlier time,the paper analyzes the achievements and questions.In third part is the theoretical study of the rationale and value orientation of the Immediate Judgment Mechanism. It is the reform of the civil trial attempts to comply with theworld trend of judicial reform to build a non-confrontational, the milk of human kindness, therepair of social relationships. Cutting to reduce the barriers to litigation for the protection ofsmall right, it also follows the principle of appropriate litigation fees, seeking a wider range ofsocial justice and the popularization of right remedy.The fourth part, the text expounded the problems existing in the practice of Yunnan andother pilot projects, and the plight of the operation. This reform measure developed frompractice in Primary Court. There are not clear definition and procedure stipulates. It is belongto Summary Procedure. Its proceedings are more simple than summary procedure. There areno definite confines between the Summary Procedure and the Immediate Judgment.The fifth part is the ideas of constructing perfect procedure stipulates of the ImmediateJudgment Mechanism. It should be clearly positioning, straightening out relations with theSimple Procedure. According to its efficient, fast, flexible characteristics, the rules should beset. First it should be improved the system settings, and then promoted the modification of theCivil Procedure Law, lies on pilot results.