Reform And Improve The Sole Judge System In Civil Procedure Law

At present,the sole-judge system is not one of the fundamental institutions in our civil procedure law,which is only attached to summary procedure.Since the sole-judge system is one-to-one matched with summary procedure,as well as the separation from ordinary procedure,summary procedure is expanded and legislation is divorced from practice of the trial organization.With the development of economy and society,civil cases are more and more,then,the burden of justice is aggravated.It is necessary to promote litigation improve the efficiency of judiciary and through the improvement of the sole-judge system.On the other hand,with a series of reform of the judicial system,judges are expected to achieve normalization,specialization and professionalismand enhance the sense of responsibility.Then judicial justice is further protected.It provides a realistic basis for the reform and improvement of the sole-judge system.Although the sole-judge system relatively correspond to collegiate system,its status is far less than collegiate system in fact.Concretely,the scope of application of the sole-judge system is narrow in civil procedure law and the independent value to ease the burden of court is obscure.collegiate system is transformed into the sole-judge system only for the parties to choose.But,the opposite has occurred in practice.SO,it's necessary to adjust the application of the sole-judge system through legislation for realizing unity.In first instance stage,it's most important to break the binding of the sole-judge system and summary procedure and extend the sole-judge system to ordinary procedure.Fox example,it can be applied according to specific design of the court,the scope of the case,the trial level,the right to apply.It's feasible to take the sole-judge system as the principle and make an exception for collegiate system in the people's grass-roots court as well as establish the sole-judge system conditionally in the intermediate people's court.As for second instance stage,taking Germanic appeal procedure in second instance stage to establish the sole-judge system conditionally in the intermediate people's court,the case shall be under the jurisdiction of the collegiate bench first of all.Relatively,collegiate bench have power to transfer some case to a judge and then this judge will cognizance the case including procedure matters in special.Others,collegiate bench could assign one of the members to prepare to open a court session.when there are new case,new evidence,new reason in some case or parties' application of collegiate system,the judge must transfer this case to former collegiate bench.The right to choose the procedure of the parties need to be strictly limited.Parties have one chance to apply to the court to adopt collegiate system or sole-judge system,which is decided by the collegiate bench.In addition,exerting abundant function of the sole-judge system need other assisted systems as system of election of judges,system of leading judges,trial grade system and so on.This article is divided into four parts:Part ?:Analyze the historical development,present situation and problems and causes of the sole-judge system in civil procedure law.First,carding the sole-judge system from the late Qing Dynasty to the Republic of China era to now.Then,analysis the problems existing in the sole-judge system.Next,summarize the causes of the sole-judge system on the basis of historical evolution and present situation.Part ?:The sole-judge system in foreign countries and Taiwan Province in China.Taking stock the sole-judge system in other countries from the perspective of comparative law is expected to find some feasible experience and measures and then adopt to Chinese civil procedure law.Part ?:Reflections before the reform of the sole-judge system.Expanding realistic need and values of judicial justice and judicial justice and then exploring the direction and path of the reform of the sole-judge system based on the present situation of our country and the experience of extraterritorial law.Part ?:Advice to reform of the sole-judge system.It is explained from three aspects: the revision of the legislative system,the adjustment of the litigation procedure and the convergence of the supporting systems.