Research On The Substantiation Of Civil Trial

The Decision on Comprehensively Advancing Several Major Issues Concerning the Rule of Law adopted by the Fourth Plenary Session of the 18^th Central Committee of the CPC,clearly puts forward the reform of the trial-centered litigation system.Its main objective is to ensure that the court trial plays a decisive role in identifying facts,identifying evidence,and protecting the right of action and impartial adjudication,and to ensure that the evidence of the litigation is in the court,the facts of the case are found in the court,the argument is published in the court,the reasons and results are formed in the court.The most essential requirement of the trial-centered litigation system reform is to materialize the trial activities.Although the trial-centered litigation system reform is a reform goal in the field of criminal procedure,its reform proposition should undoubtedly be radiated into the field of civil procedure.Substantive trial is an ideal goal for the long-standing problem of court trial in the process of our country's trial activities.The trial-centered litigation system reform is actually a“re-mention”on the substantive reform of civil trial.In the 1990s,China began to comprehensively promote the reform of civil economic trial mode,and its reform basically focuses on the substantive reform of the trial.However,the previous reforms have not effectively solved the problem of court trial deficiencies in our practice,the lack of substantive pre-trial preparation procedures,the falsification of court proceedings,and the formalization of court debates,the formalization of evidence,cross-examination and certification has caused a great gap between the current situation of civil trials and the normality of trials in our country.Therefore,this paper takes this opportunity to try to conduct a comprehensive and in-depth discussion on the substantive trial of civil procedure.Firstly,the basic theory of the substantive civil trial,reviews the reform process of the substantive civil trial,and summarizes the achievements and limitations of the reform.Secondly,based on the current situation of civil trial,this paper analyzes and points out the problems in realizing the substantive civil trial.Thirdly,through the investigation of the system design and operation of the substantive civil trial in the foreign countries ruled by law,in order to provide experience for China to realize the substantive civil trial.This paper will promote the substantive realization of the civil trial from the establishment of the substantive pre-trial preparation procedure,the materialization of the civil trial procedure,the materialization of the evidence,cross-examination and certification.