Research On The Litigation Challenge System In Litigation

The ultimate goal of litigation challenge system is to realize judicial justice. Research enthusiasm to the litigation challenge system, on the one hand, comes from thinking on some existing problems in practice; on the other hand, comes from the present situation that there lacks a systematic and in-depth research on this system in academic field. By using comparison and logic analysis methods, a more in-depth research on the litigation challenge system is carried out in this paper through the following five chapters:Chapter one from the conception perspective, gives an overview of the litigation challenge system and relevant concept, indicates the significance and purpose for analyzing the litigation challenge concept, and finally through theoretical logic derivation, proposes a legitimate litigation challenge concept.Chapter two mainly talks about the ancient historical origin of litigation challenge system, makes a list of provisions on the challenge system of today’s three major procedural laws, and compares their similarities and differences. Additionally, a comparative analysis is made of the challenge system in Anglo-American law system (with America and UK as representative nations) and continental law system (with German and France as representative nations), in order to find out deficiencies in our current litigation challenge system and provide guidance for perfecting the litigation challenge system.Chapter three mainly from the relation theory perspective, discusses the relationship between the litigation challenge system and the justice, principle of good faith, against judicial corruption and neutrality in procedural structure, so as to highlight the enormous role of litigation challenge system.Chapter four mainly from the perspective of deficiencies in provision on the litigation challenge system and problems in judicial practice, points out deficiencies in textual provision on the challenge system of our three major procedural laws, as well as the illegal and wrongful acts against the challenge system in judicial practice.Chapter five mainly from such aspects as the litigation theory and mode, textual provisions of three major procedural laws, and correction of the illegal and wrongful acts, points out three ways to solve the difficulties confronting our litigation challenge system.