Study Of The Scope Of Applying The System Of Sole Judge In Civil Proceedings

The system of sole judge in civil proceedings means that one judge,on behalf of the court,exercises the power of adjudication,tries the case and adjudicates.At present,the system has become inadaptable to the changes of judicial environment in China as a result of its limited application to the level of court and the category of cases.The current application of the system of sole judge in civil proceedings has come to be unsuitable to its legislation intention and the current application of the collegiate system has not achieved its value function.Thus,it is imperative to reshape the system of organizing civil adjudication.And it is of great significance to moderately extend the scope of applying the system of sole judge.In this thesis,the author starts from the perspective of jurisprudence and innovatively puts forwards that the system of sole judge and the collegiate system should be respectively applied to the cases of first instance in the basic people's courts and the intermediate people's courts according to various conditions.As to the retrial civil cases and those protested by the procuratorate,the application of the system of sole judge should be taken as a principle while the application of the collegiate system should be considered as an exception so as to promote the reasonable allocation of the court's internal structure and the judge resources as well.