Study On Establishment Of The Civil Quick Judge Mechanism In China

At the beginning of 21 st century, the grass-roots courts have begun to explore the immediate judgments for civil and commercial cases, the civil immediate judgment mechanism has developed for decades and its function of immediate judgment has brought to full play during these years, especially in lightening the pressure on trial, decreasing the cost of litigation, improving the effectiveness of litigation, and so on. Unfortunately, it is undeniable that the civil immediate judgment is not expressly stated in our legislation although the bottom-up implementation of this reform has gained great achievements. In 2012, only small claims procedure was included in the revised civil procedure law and the scope of accepting cases was limited to those in which the target amount is small. Thus, a significant portion of the cases which are suitable for fast trial are excluded. In summary, our current civil law has not brought the immediate judgment mechanism into the civil procedure law. This thesis will take the immediate judgment tribunal of Bao'an court as the case to analyze the status quo of the development of civil immediate judgment mechanism and its existing problems, in order to explore how to further implement and develop immediate judgment mechanism and construct the independent civil immediate judgment mechanism which covers both the immediate judgment for small amount cases and other fast trials.There are five parts in this thesis.The first part is an overview of the civil immediate judgment mechanism. Firstly, it defines the concept of civil immediate judgment mechanism. Secondly, it analyzes the features of immediate judgment mechanism on the basis of its definition. Thirdly, it makes a comparative study between immediate judgment mechanism and other similar procedures to find out the similarities and differences. Lastly, it will analyze the reasons and make a brief summary to highlight the indispensability and independent values of this mechanism.The second part analyzes the overall status quo of the development of immediate judgment mechanism in China from the perspectives of legislation and judicature. It takes Bao'an court, which owns a relatively mature and sophisticated immediate judgment mechanism, as the reference sample of this thesis. This part firstly introduces the basic situation of the works in immediate judgment tribunal of Bao'an court, aiming to summarize the excellent experience and referential practices accumulated since the implementation of immediate judgment mechanism. Thus, it can offer supports in experience and technique for the further construction and improvement of civil immediate judgment mechanism. Then it analyzes and summarizes the substantial results that the immediate judgment tribunal of Bao'an court has achieved in their work.The third part focused on analyzing the problems and deficiencies which still exist in our civil immediate judgment mechanism at present and exploring their corresponding reasons,The fourth part proceeds from solving the problems existing in our civil immediate judgment mechanism to investigate the relevant regulations of the civil immediate judgment mechanism at abroad. This thesis mainly talks about the relevant regulations of the civil immediate judgment mechanism in four countries, including Britain, France, South Korea and Japan. In order to solve the existing problems in China now, this thesis will analyze and summarize the points which we can learn from the foreign countries in improving our civil immediate judgment mechanism.The fifth part will elaborate the vision of establishing China's civil immediate judgment mechanism. From the perspectives of the principles for building up the civil immediate judgment mechanism, legislation, detailed procedural rules and relevant regulations supporting its construction, some suggestions for the improvement of this mechanism will be provided in this thesis.