Research On The Independence Of Commerical Trial

July 2008, People’s Court of Linyi County, Shandong Province set up commercial courtroom.It opened the precedent of establishments of Commercial Court,which was followed by some local people’s courts at all levels,such as of Beijing,Shanghai and shenzheng. The appearance of Commercial Court furnish a new way for Chinese commercial trial system’s improvements, reflecting the trend of commercial trial independence.In the civil judicial pattern, What is the commercial trial independence’s basis? How much independent the commercial trial has?What is the mode of establishing an independent? The author thinks, the trial process is an interaction process between the entity and the procedure. The entity and the procedure is a prerequisite for the trial to run smoothly.To probe the basis, scope and way of commercial trial’s independence,it should be used as the core.This paper is made of introduction,main text and conclusion of three parts, and the main text is composited by four parts.The details are as follows:The introduction mainly introduces the background, objectives, theoretical and practical significance, the status and methods.In the beginning of the main text, the author reviews the evolution of commercial judicial system from the angle of history,and reflects the current commercial judicial system. The commercial trial in our country is born out of the economic trial. In the civil trial system, commercial trial become a part of civil law judgment,and its business was undertaken by second court-leet. Considering the the particularity of the commercial trial, commercial trial is instead by civil and commercial trial.With the highly development of market economy, commercial trial section is consecutively set in the court. With the opening of National Court Commercial Trial Work Meeting, “Commercial Trial” is firstly coming out as an official term. Although along with almost 30 years’ changes, commercial trial has made greatest contribution to our country’s market economy, a few problems or defections, such as ambiguity of orientation, dislocation of trial thinking, lack of litigation rules etc., are also a headache to the system itself.Part Ⅱ provides explanations about the independence of commercial trial. As an independent social relations in the background of market economy, commercial law, which is the basic legal norms governing commercial relations, has the independence characteristic in the value system, regulation system and protection mechanism. The current civil procedural law can hardly provide effective related syetem for commercial trial, satisfy business people the favor for litigation efficiency and harmony social relations, so we should seek the independence of commercial trial for the purpose of development and optimization of commercial trial.Part Ⅲ provides specific explanations about the content of commercial trial independence, which is not only a simple change to the trial procedures and set up commercial trial court, but also a radical change to the whole system from substantive to procedure, and the idea to system. Commercial trial independence should include trial idea’s independence, trial regulations’ independence, trial procedures’ independence and trial institution’s independence.Part Ⅳ is mainly about the content and requirements of commercial trial, and provides some suggestions about the independence of commercial trial. Specifically, under the guidance of commercial trial, we should make up efficiency, more flexible commercial litigation rules; set up evidence rule, protection rule, term institution, case closing approach, counterclaim rules and retrial rules accordingly; set up the whole commercial trial system and try to take non-official judge into the commercial trial with the people’s trail mechanism.The closing part is about some expectations about the future of commercial trial independence, which is about that finally commercial trail will be independent of civil trial some time in the future.