Research On System Of Civil Trial Time

In the 1990 s,the establishment of civil trial system in our country was a reasonable regulation for the structure of the professional doctrine litigation at that time,which played an important role in alleviating the delay of litigation and improving the efficiency of litigation.In this century,with the increase of the number of civil cases,the operation of the civil trial system in judicial practice is difficult to be satisfied,and the phenomenon of cases overhearing is endless.Especially with the advent of the network era,the implementation of the registration system of filing cases,the completion of the reform of the legal official quota system,the social basis of the operation of the civil trial system has undergone significant changes,resulting in the alienation of the trial system in the judicial practice.Therefore,some scholars advocate the abolition of the civil trial system.However,the author thinks that the existence and abolishment of the system should focus on whether the system has the foundation of justice or not,and the problem of the system in the judicial practice should be the place where we should think and perfect the system.From the point of view of the development of modern judicial reform,efficiency has become a goal comparable to justice,ensuring the efficiency of litigation is an indispensable value pursuit,and the trial system itself contains the value of efficiency.Therefore,the civil trial system is necessary to continue to exist.At the same time,the Supreme People Court in April 2018 released the provisions of the Supreme People Court on the strict regulation of the extension and extension of civil and commercial cases,In March 2019,the decision to amend the Provisions of the Supreme People Court on the Implementation of the Provisions of the Supreme People Court on the Enforcement of the Extension of the system of the Review and the Extension of the Trial of the Civil and Commercial Law of the People Court of the Supreme People Court.This also shows that the trial system system is irrevocable.In this context,this article combines the current judicial reform from the legislative,judicial,academic and other aspects to further explore the civil trial system of first instance.The full text is more than 30000 words,except preface,is divided into four parts:The first part is the theoretical analysis of civil limit system.From the concept of the civil limit system,the essence of the civil limit system is analyzed,and the standard objects ofthe civil limit system are clarified.As a unique system in China,the civil limit system is to deepen the understanding of the civil limit system and analyze the reasons for its formation and development.At the same time,the civil limit system not only conforms to the judicial efficiency and justice concept of our country,but also embodies the litigation promotion obligation and the principle of procedural subjectivity.The second part is the practice status of civil limit system.The civil trial system plays an important role in improving the efficiency and maintaining the procedure.However,with the advancement of China’s judicial reform,great changes have taken place in the social environment of China’s civil limit system and the formation of civil limit.The severe trial pressure,the structural conflict of the trial limit system,the limitation of the trial limit system and the absence of part of the trial management affect the normal operation of the civil trial limit system.At the same time,due to the pressure of judge’s performance appraisal,the civil limit system is alienated in judicial practice.The third part is the cause of the civil limit system.From the legislation and related supporting measures to analyze the causes of the civil limit system.The review standard is too single,the regulatory power of litigants’ litigation delay is insufficient,the cause of exclusion is not perfect,the disciplinary measures taken by judges beyond the review limit are vague and the objection right of parties is ignored,which leads to the applicability of the review limit system is not strong.The civil trial limit system is not well connected with China’s case scheduling system and trial limit management system,which affects the normal operation of the trial limit system in judicial practice.The fourth part is the reform of civil limit system.Clarify the direction of the reform of civil limit system in the current theoretical circle and establish the reservation theory of civil limit system.On the basis of the existing length of trial limit,the trial limit period is refined,the reasons for the extension of trial limit are refined,the exclusion reasons of the trial limit system is improved,the relief system of trial delay is established,and the parties are given the right of objection to improve the legislative rules of trial limit.With the help of information implementation of "Internet + limit" to strengthen the supervision of the limit system,reform the existing performance appraisal mechanism to link up the limit system,so as to ensure the smooth operation of the limit system.