On China’s Court "Base Type" Pattern Of Civil Litigation

Along with our country social economy development, a large number of civil cases began pouring into to the grass-roots court, but because the actual situation of our country current society at the grass-roots level determines the courts at the grass-roots level in our country civil action mode cannot simple choice functions and powers doctrine lawsuit mode or party doctrine lawsuit mode. Grassroots courts in the face of the particularity of grass-roots society determines the courts at the grass-roots level in our country civil action reform goals should be built in accordance with China’s basic national conditions of "grassroots" litigation model. In this article, the author as a grass-roots court judges, on this basis at the grass-roots level of public opinion, analysis with all of you to discuss how to construct conforms to our country’s most extensive social conditions of "type" litigation model at the grass-roots level.This paper mainly divided into four parts:the first part is the overview of civil litigation, explains what is civil litigation mode, what is its concept, research in civil litigation model what is the meaning. Today’s law of civil litigation pattern type is how to divide, and the advantages and disadvantages of each type. The second part introduces the development of China’s civil litigation history status and the present situation of grass-roots court trial work and problems. The third part is based on public opinion of grass-roots society in our country, the author proposes the grass-roots court in civil litigation reform should build a "grass-roots" litigation model, and explains the theoretical foundation of building "grassroots" litigation model and lawsuit value. The fourth part introduces how to build "grassroots" litigation model. Mainly from the judge’s neutral position, establish complete debate principles, clear the judge interpretation right and other factors to build several ways about how to build "grassroots" litigation model.The author thinks that the building of "grassroots" litigation model is in conformity with the actual situation of grass-roots society of our country, is also to meet the requirements of harmonious justice of judicial reform in China."Grassroots" litigation model in a grassroots people’s legal quality does not meet the requirements of modern litigation, in our country’s current civil action mode transition period of change, is practical and effective.