Research On The Realization Mode Of Chinese Judicial Efficiency

As one of the values of law, efficiency is an integral part of the legal operation.In the socialist legal system, efficiency is more and more important. To improvejudicial efficiency so as to promote the legal justice, equality, freedom and othervalues, is the public demands for justice and expectations, is also a common problemand long-term task faced by the world’s judicial activities.At present, our country is inthe social transition period, substantial growth in the number of court cases, trial workis confronted with hitherto unknown challenge. This paper will through the analysisof judicial efficiency behind the problem, combined with the current legalenvironment in China with the perspective of the court trial system to find out thefactors affecting China’s people’s court trial efficiency and explore effective the pathto realize the judicial efficiency. Efficiency problem involves a number of disciplines,for explore the theoretical issues of judicial efficiency, the author use value analysis,comparative analysis and logical analysis to study and explore from the perspective ofthe jurisprudence the economics of law and the sociology of law.In addition to the introduction and conclusion, the structure and contents isdivided into four parts: The first part introduces the basic concepts of judicialefficiency. The first make clear the different meanings of "efficiency" in differentdisciplines and context, and illustrates the concept of "judicial efficiency" is theproduct of the combination of law and economics, and analyzes the elements ofjudicial efficiency. The second part analyzes the relationship between the judicialefficiency and justice from theory and value. Study on the relationship between thejudicial efficiency and judicial justice has theoretical and practical significance,respectively on the transaction cost theory of Coase, Rawls’s theory of justice, thefairness and efficiency interaction theory of Arthur M. Okun, equity-efficiency viewof Marx and Dong Biwu’s authority-efficiency theory, to find out the balance betweenjudicial efficiency and judicial justice. In the third part, the judicial efficiency problemis placed in court trials and find out the factors that affect the court trial efficiency toachieve, and research how the various factors influence the court trial efficiencyrespectively. The fourth part point some misunderstanding in the pursuit of judicialefficiency in the process, combined with the impact factors of the court trial efficiency,put forward suggestion of the court trial efficiency implementation,then introduce andreview the extraterritorial judicial efficiency evaluation model and its characteristicsand propose the establishment of the court trial efficiency evaluation mechanism, inorder to find out the method which can reflect the efficiency of the court trialobjectively, scientifically and comprehensively.