Sole Judge System In Civil Procedure

Now, in the civil law countries and common law countries the judicial system of operation has not fully meet the needs of society, this has been widely accepted by the academic circle. In recent years many countries carry out of civil litigation reforms, is for the sake of, and as part of promoting the reform of the judicial system. With the rapid increase of the cases in court, the pattern that collegiate system dominates and sole judge system is auxiliary which is stipulated in law does not meet the needs of the judicial practice. Under this background, the study has very important practical significance. In this paper, through the analysis of single system basic theory, compares it with the merits of the collegial system, in reference to foreign advanced legislative and judicial experience, on the basis of the current legislation of our country and judicial problems, and puts forward the perfect suggestions.This paper includes the following several parts.In the introduction part, the author expounds the research in current rule of law environment, what is the basis of the theory is also described, for the purpose of this article has also made the summary of research methods and framework.In the first part, the author focuses on related theory, including its concept, characteristics, the characteristics including the low judicial cost, the lawsuit efficiency, clear responsibilities and more flexible. Then the author analyzes the value of the system, including the relations between the system and the justice and between the system and the litigation efficiency.In the second part, the author has carried on the comparative method in the sense of research. By the introduction of the systems in UK, the United States, Germany, France, Italy, Japan and Taiwan, the author summarizes the features.In the third part, the status quo is analyzed. Single docking with the summary procedure is simple, too narrow applicable scope, conditions of mutual transformation between ambiguous and collegial system, lack of related program options, etc., the above are the problems existing in the current single trial system in China, the single trial system in the judicial practice of some chaos large part should be attributed to these problems.In the fourth part, the author puts forward the corresponding perfecting suggestion. For single trial system in our country, should first clear, expand the use of single system shall guarantee to the principle of litigation justice on the basis of giving full play to the advantages of its efficiency, perfecting measures are given.Once again, in the conclusion part, the author emphasizes the meaning and the value of the system and the facing problems are summarized, the development direction is prospected.