Research On The Expansion And Application Of Civil Litigation

With the increasing number of cases recent years,the legislative mode of judicial organization based on "collegial system" has been unable to meet the needs of judicial practice nowadays.At the same time,with the implementation of the judge responsibility system and the continuous improvement of the judges’ quality,it has become the trend of judicial reform to moderately expand the scope of application of the independent system and unify the judicial practice with the legislative provisions.This paper firstly states the basic theory of the independent system of civil procedure in China,discussing the concept,function and necessity of the expansion of the independent system,which lays a foundation for the further discussion in the following paper.Secondly,through the comparative study of the expansion of the independent system of civil law countries,it analyzes to get the enlightenment of improving the expansion of China’s civil litigation independent system,which means to expand the discretion of the sole judicial system,expand the type of cases applicable to the sole judicial system and establish the judicial assistance system.Thirdly,this paper points out the legislative status of the applicable scope of the independent system of civil litigation in our country and puts forward the defects of the applicable scope of the independent system in our country from the perspective of both legislative and judicial systems.At the legislative level,the court and case scope suitable to the independent system are too narrow and there are corresponding problems in the application of the independent system in the ordinary procedure and the court of second instance.At the judicial practice level,problems such as the disguised expansion of the independent system,the problem of "formal integration and practical independence",the non-standard court procedure transformation system,and the lack of protection of the procedural right of the parties are particularly prominent,which need to be solved urgently.Finally,combined with the current situation of judicial practice in our country,this paper comes up with suggestions to improve the above problems.In view of the legislative defects,the courts of first instance applicable to the independent system should be expanded to the intermediate people’s courts.The independent system and the simple procedure will be untied,no longer easy connections with the simple procedure but diversified applicable standards.The ordinary procedure and the second instance procedure should also apply the independent judicial system to the trial,design specific implementation rules and introduce the system of adjudicative independent judge and preparatory independent law according to the difficulty of the case with drawing lessons from the German rule of independence.In view of the judicial defects,we should strictly and clearly distinguish the independent system from the simple procedure and can’t simply connect the form of trial organization with the trial procedure.Set up the application prohibition of the independent system.Standardize the internal transformation system of court procedure and give the parties the right to choose the trial organization,so as to perfect and refine the system of civil litigation independence in our country.