The System Sole-Judge Proceedings In Civil Trial

About the application of the system sole-judge proceedings border discussion is one of the important arguments of judicial reform in recent years,this article is from two aspects of legal system of the use of traditional and modern development process compared with this subject,thus a more objective conclusion.Factors affecting the system sole-judge proceedings,collegial system applicable are discussed,combined with the characteristics of civil litigation system in China put forward an effective solution.And applicable to civil trial the system sole-judge proceedings boundary problem of inevitable when it comes to the judge system,so the study of this problem is connected to an important problem in civil procedure system and judicial system.Two major legal systems of the application of the system sole-judge proceedings is also different,the traditional point of view,in Anglo-American law system is applied alone is more focused on the solution of the dispute,when the common law countries is applied alone has a profound social foundation,set up main purpose is to solve disputes,adversary trial mode,the judge's neutral referee status is single system is widely used to provide a fertile land.The civil law is applied alone is more focus on the fact that find out,when the civil law countries of judicial philosophy usually will judge as the implementer of the national interest,maintainers,judge at the trial of task is more focused on finding out the facts of the case and on the application of the law,inquisitorial mode of trial,let alone used to judge the quality of rely on are restricting the application of the system sole-judge proceedings.Modern constantly fusion and development of the two law systems,mutual learning and reference for the same affects the application of the system sole-judge proceedings in different countries.