The Western Samples And Chinese Path Of The Intensive Trial System

The intensive trial of civil procedure law originated from the common law system. Traditionally, the civil law system practiced the principle of parallel trial. But civil cases increased intense, and the civil law system suffered serious delay actions. In order to improve the efficiency of lawsuit and maintain the legitimacy of the sentence, Germany, Japan and the other civil law system countries began to modify their civil procedure law, and reform the principle of parallel trial. The guiding ideology is "The intensive trial". Of course, directly copying the intensive trial of the common law system can’t be suitable for the civil trial environment of the civil law system. So combined with their own national conditions, the countries of the civil law system began to open the reform of centralism trial. The intensive trial has been the direction of the civil litigation system in the world.The reform of our civil procedure began in the late 1980s. Civil trial mode experienced from "trial after decision" to "one step to the end", and the pretrial preparative procedure in civil litigation gradually be taken seriously, the degree of centralization in civil litigation deepened. However, our law system to the intensive trial isn’t perfect, such as the issues sorting procedure, the loss of rights system and so on. So there are some problems in the intensive trial, and we must continue to deepen the research on the intensive trial of procedure law. Combined with the current situation of our country civil procedure, and draw lessons from foreign experience in related theory and judicial practice, our reform of the intensive trial should be improved.The paper is discussed in four chapters, except introduction and conclusion.Part one is the theoretical basis of the system of centralism trial. Firstly, distinguishing between the intensive trial and the parallel trial, we can know the concept and value of the intensive trial. Emphasis on balance between the discovery of truth and promote action, between the realization of procedural justice and substantive justice. Secondly, tracing the roots of the intensive trial system in the common law system and the reform of the civil law system, we provide historical origins for the justification of the system of the intensive trial.Part two is the basic content of the system of centralism trial and the requirements to the court and the parties concerned. Combined with the countries in the related practice in the process of the intensive trial, we can conclude the intensive trial system mainly includes the issue of centralism trial and disputes of centralism trial. At the same time, In order to implement the system of intensive trial, the parties and the courts should fulfill their obligation to promote the suit. Litigation of the parties to promote obligation is primarily evidence timely to be put forward, and the court action to promote obligation mainly illustrate the obligation of the judge.Part three is the evaluation to the intensive trial model of two legal systems. On the basis of the content differences, we distinguish the intensive trial model as the absolute and relative intensive trial model. The former mainly refers to the common law system countries, and the latter mainly is the civil law countries. The relative intensive trial model can be divided into Germany model, Japanese model and Taiwan model.Part four is our trial reform of centralized path to choose. Combined with current situation of trial in our country and the new development of the intensive trial system abroad, we should construct characteristic of concentrated trial system that fits our national condition. Through refactoring to strengthen issues to sort out pre-trial preparation procedure, improving the system of time limit system of evidence, and illustrate respectively to make the parties and the judge to perform the duty of action to promote, and to achieve the target of trial concentration.