On The Challenge System Of Civil Action In The Period Of Social Transformation In China

The challenge system reflects the requirement of procedural justice,and it plays an important role in guaranteeing the good operation of civil procedure.The avoidance system,as an important determinant of the value of procedural justice,embodies the neutrality and guarantees the civil action.At present,our country is in the period of social transformation.In the city,the acquaintances society has basically been transformed into a stranger society.In the vast rural areas,the acquaintance society has been transformed into a semi mature society or a stranger society,and the society has changed from the acquaintance society to a stranger society on the whole,but injudicial practice,the society is ripe.Human social relations are restructured in a kind of hidden form in a stranger's society.The running status of the civil procedure system in our country is still impacted by the acquaintances' social habits.The influence is far-reaching,and the lack of legislation in our country,the civil litigation has the reason for the avoidance system in the litigation procedure of our country.The rate of use is obviously low.In the operation of civil procedure,the parties are still used to seek to find human feelings and trust relations,which seriously disrupts the operation of the civil procedure avoidance system in the judicial practice.From the legislative analysis,there are some legislative defects in the avoidance system of civil litigation in our country,such as the ambiguity of evasion,the excessively high standards of the judge,and the absence of information disclosure system.To a certain extent,it restricts the role of the avoidance system in the maintenance of judicial justice in our civil litigation.The proper introduction of the non cause avoidance system in China's civil action can effectively eliminate the negative influence of the social factors of acquaintances in the stranger's society on the judiciary,and to a certain extent,to make up for the defects in the legislation.Although there is no tradition of avoiding avoidance in the history of our country,with the continuous advancement of the process of ruling the country according to law at the present stage,the concept of the people's rule of law has been strengthened constantly.It has a good theoretical basis and practical significance to introduce the system of non cause avoidance in our civil litigation.The proper introduction of the non cause avoidance system can exclude the people's jurors who are not trusted by the parties in addition to the judicial personnel.It is beneficial to enhance the trust of the parties to the results of the referees,to maintain the stability of the judicial referees,and to improve the judicial efficiency.