Expansion Of Scope On A Sole System

Sole judge system is the important form of civil trial organization.In recent years, with the development of the law popularization education, to enhance citizens' legal consciousness,more and more people seeking public aid force after disputes occur.Trial practice faces trial resources less conflicts with the large number of cases, the courts have sought a solution in practice.Practice is used most widely in our country by expanding the applicable scope of the single system to deal with.But due to the lack of legal regulation in practice to expand, so the problems in the practical work had been in a state of disorder. In view of this, the author thinks that analyze the sole judge system applicable scope expanding and regulation is necessary.In this paper, the sole judge system of civil litigation in our country the applicable scope and other relevant problems are discussed, summed up the characteristics of single system in legislation in our country, defects, and operation in practice.This paper analyzes the single system to expand the applicable feasibility and necessity, and on this basis, combined with China's national conditions, applicable to single system to expand their Suggestions.Full text besides preface and conclusion, the rest is divided into four parts, the structure of the main distribution is as follows:Alone in the first part is mainly about the general research on sole judge system in civil procedure.The first is to analyze sole judge system of legislation. This part introduces the characteristic of the sole judge system in legislation, and then analyzes the unique system of legislative intent. Then, the article for a single system in the legislative defect was analyzed, and the thought alone system in legislative system is not complete, the application scope and the lag of legislation and practice. At the same time the part under the background of new era, the change of the judicial reform to analyze its influence on single system applicable scope. This part for a single system in the legislation of related theory are introduced.Secondly, the article from the practice level of sole judge system were discussed. For sole judge system in the practical operation situation, one is through practice, a basic people's court is applied alone proportion of the number of the settlement, to demonstrate that the use of the sole judge system has exceeded the collegiate system.Then through to the system of single recessive expand related issues were analyzed, and points out that in the practice of "formal use of collegiate system,in essence,the sole judge system" phenomenon also expand the use of single system in stealth.Again, the article alone in the applicable scope of the problems are analyzed. After a summary, thought mainly two big problems. A single system in our country only corresponds to a single procedure. In addition, the system of single collegiate system transformation and the lack of regulation.Finally, Suggestions for scholars has carried on the brief introduction.The second part of the article is applicable to single system to expand the scope of the necessity and feasibility are analyzed.Firstly points out that the single system to expand applicable is the objective requirement of the practice is put forward. Disturbing backlog stressful situation at present stage in our country, expand the single system is imperative.Then this paper single system expand applicable is the objective requirement of improving judicial authority. And then the scope of application of the sole judge system is analyzed in the theory of law.Then, the article from the single system itself has the value and function of single demonstrates the system can expand the applicable. Pointed out that single is made clear in fact, the rights and obligations clear case, efficient fast, saves the lawsuit resources had by it has the advantage of collegiate system incomparable; At the same time, like all justice, single system in the premise of the existing resources are insufficient, the pursuit of justice of the whole justice; And single system is accord with the program options.Finally, the collegiate system unscientific positioning provides the single system to expand applicable conditions.The third part of the article on single system to expand the applicable standards and limits the architecture. Article to single rope extended after case-hearing level distribution, the courts, the distribution of the standard and applicable cases in trial stage has carried on the brief explanation. That alone can enlarge conditionally to the criminal procedure, then at the same time can also be used alone as a system of judicial organization form. Proposed in this paper to clear the applicable standard case, establish the typical case guidance system, so as to provide help for the judge in practice operation.The last part of the article is aimed at expanding the possible problems and their prevention. That single scope expanding could lead to a single judge in the trial is not independent, and aiming at the problem, put forward the internal coordination good distribution of power in court, the judges have the full judicial power. Another may have problems alone judge too much power, according to this, the article also from the judge selection and external supervision, these two aspects proposed the prevention measures. Later, the article also mentioned another problem, namely after single system to expand, the sole judge of pressure big, heavy task. For this problem, this paper mentioned to set legal support staff and setting puts forward his own opinions about the staff. For single and collegiate system after the transformation of the validity of the previous court debate and investigation, and the sole judge role in a new collegiate panel composed of these problems, the article after are also expounded. Finally, the article also puts forward setting up professional sole-judge bench, the pursuit of single trial of specialization.