Overcome The Limitations Of The Civil Trial System

The civil trial system is a judicial system of China, In International area except Russia, other countries seldom provisions. The system in our country has been faced with controversy of abolition for a long period of time. But only because of the civil trial system has the irreplaceable value and function, which effectively balance the judicial justice and judicial efficiency, extremely guarantee the legal rights and interests of the parties, at meantime, which effectively saving the judicial resources. However, the system is implemented for20years in China after its limitations are becoming more prominent, in judicial practice is also showing a variety of chaos", and the "chaos" also damaged and set up the system to realize the value of. Through analyzing the limitation of the civil trial system, and further puts forward the suggestion to perfect the system, it is a pressing matter of the moment. Therefore, It is necessary for us to further research on this system, this article from the following four aspects:The first part is mainly state about theory part the trial system of civil litigation. An overview of the trial system of civil litigation is mainly from the concept, properties, specification object to understand the connotation of the civil trial system. Then introduce the development of ancient times from the perspective of history of civil litigation system of time limit in, and follow its history to understanding the law of civil litigation in China and the gradual improvement of the system. At last, set mechanism of the system is analyzed, to understand the necessity of the system because of the value and function of existence. In the second part, it is studied on China’s civil trial system and its harm and influence the existence of chaos in practice. First of all, from the present situation, It is introduced exceeding the time limits existing in the judicial practice exists widely, unreasonable arrangements of case trial process, and compression parties prosecute civil action time, and the generation of formal court "chaos" with informal hearing. Then the existence of chaos in the judicial practice of in-depth analysis for the harm and effect of the parties to safeguard the legitimate rights and interests, realize the fairness and efficiency of judicial authority.The third part mainly analyzed the root of problems existing in our country’s civil litigation system of time limit of the present stage. Mainly include the following aspects:the first is the system of time limit in civil procedure legislation defects exist, second is to judge the overall quality is not high; third is the litigation behavior of the parties is not standard; fourth is other supporting mechanism is not perfect.It is to solve the problems of civil litigation system of time limit in the earlier proposed a series of targeted solutions and measures in the fourth part. Mainly has the following several suggestions:one is to amend the civil procedure law, perfect the system of time limit; the two is to improve the overall quality of judges; third is the litigation behavior norms of the parties; fourth is to improve other supporting mechanism.