Expansion Of Scope On Sole Judge System In Civil Procedure

Sole judge system and Collegiate system are two basic forms of civil trial organization in our country.For the past few years,the contradiction of more cases and fewer judges is further aggravated.,due to its unique advantages,the applicable scope of sole judge system has been constantly expanded in trial practice.The judicial system established by legislation,which is dominated by collegiate system and supplemented by sole judge system,can no longer meet the current judicial situation.However,the civil procedure law remain the original provisions and do not respond to the trial practice,so that the application of the sole judge system deviates from the original provisions of the law.Therefore,the author thinks that it is necessary to analyze the expansion of applicable scope of the system,and put forward a reasonable range,with a view to legislative regulation and improvement.The main part of this text is divided into four parts:The first part is the sole judge system in civil litigation.Firstly,the author introduces two basic forms of trial organization in civil litigation,then analyzes the scope of application of the system,and summarizes its legislative characteristics by analyzing its legislative provisions.Finally,it analyzes the operation of judicial practice in the scope of application of the sole judge system,including the increase of the application rate of summary procedure and the existence of the phenomenon of"conformative and real independence".The second part is the necessity analysis of the extension of the scope of application of the sole judge system.This part firstly analyzes the irrationality of the application scope of the current trial organization,and then analyzes the problems existing in the relevant trial system and mechanism.Finally,it comprehensively expounds the necessity of expanding the scope of application of the sole judge system from the inherent requirements of the litigation economy.The third part is the feasibility analysis of the extension of the scope of application of the sole judge system.Including the promotion of judicial power;drawing lessons from the experience of various countries to conform to the historical trend;judicial reform of the implementation of the post judge system.The fourth part is the legislative perfection of the scope of application of the sole judge system in civil litigation.The author puts forward the factors that should be taken into consideration in re-establishing the scope of application of the system,and defines the scope of application of the system from the scope of cases,court and procedure,as well as the improvement of relevant trial organization system and mechanism.