On Introduction Of Peremptory Challenge System In Civil Procedure

Challenge system, the basic system of civil action, is the major guarantee of procedural justice. However, challenge for cause is seldom used in China’s judicial practice:judge’s poor active challenge, not many cases that the party applies for challenge and extremely few instructive challenge cases. All these lead to dummy. There are a variety of causes. From the perspective of judicial practice, it is a result of the negative effects of social acquaintances. In lawsuit, the party still gets used to use social relationship to solve problems. The bad customs of relying on a relationship severely interferes in the operation of challenge for cause system. In terms of legislative norms, standards of challenge proof are too high, part of challenge causes are ambiguous, challenge information disclosure system is lacked, challenge decision procedure is incomplete and main body who breaks against challenge system is unclear. All these restrain the challenge for cause from playing its role. Peremptory challenge that enables the party who proposes challenge application is free from restriction of statutory subject matter, which can effectively removes the negative impact of acquaintance society on judiciary as well as makes up for challenge for cause system. It is very necessary to introduce the system to China.Although China has no the historic tradition and view of challenge for cause, with the deepening of rule of law concept and ever-changing procedural fairness concept, the introduction of challenge for cause can lay an ideological foundation. Introducing challenge for cause can enable the party to avoid distrusted judge’s handling the case, improve the party’s recognition on judge results and fundamentally improves judicial efficiency. Therefore, it is of realistic foundation and feasibility. To realizing it, it is necessary to adhere to four principles from the macro perspective:first, respect national conditions and take into general consideration China’s social and economic development and judicial status; second, the principle of limited introduction to absorb effectiveness of challenge for cause in procedural safeguards while abandoning its disadvantages in US judicial system operation; third, the priority principle, insist on taking challenge for cause as the main challenge method and introducing peremptory challenge as a supplement and replenishment; four, principle of balancing justice and efficiency to ensure the value of justice and judicial efficiency can be reflected in challenge system. Seven aspects should be considered for the specific ideas of peremptory challenge. First, the applicable scope of peremptory challenge is all civil action cases. Second, the applicable objects are judges and people’s jurors. Third, the launch subject of challenge for cause is the party of causes. Forth, the form of peremptory challenge includes oral and written types. And it is launched within three days after being informed of full court staffs. In order to ensure the operating time of the system, it is suggested to bring forward the time when the court informs the party of the full court name list. Five, peremptory challenge can be applied for just once. Sixth, it is the decisive procedure of peremptory challenge. Seventh, it is the supporting system of challenge system. Relevant information is disclosed through notification of full court staffs, information disclosure platform, "Limit Judges of Challenged Information Disclosure" database.