Analysis Of The Expansion And Application Of The Sole Responsibility System In Civil Litigation In China

The independent system is an important part of China’s judicial organization.The newly revised "Civil Procedure Law" has made a great change to the sole office,expanding the scope of application and the scope of trial level of the sole office system,ordinary procedures can also be applied to the sole office system,which greatly meets the needs of China’s judicial practice.However,judging from the current legislation and the pilot reform in recent years,the independent system needs to be further standardized in the process of expansion and application,both in system and practice.This paper intends to start from the legislative interpretation,combined with empirical research,to analyze and discuss the possible problems in the expansion and application of the independent system,and then put forward relevant normative suggestions,as well as how to correctly apply the independent system in judicial practice.This paper is composed of introduction,text and conclusion.The text is mainly composed of four parts.The details are as follows:Apart from the introduction and conclusion,the paper is divided into four parts,which are studied successively from the background of the expansion and application of the independent legislation,the current situation of the application of the independent legislation,the possible problems in the application,and the standard suggestions.The main contents of each part are summarized as follows:The first part focuses on the background of the expansion of the independent system in China.Firstly,the paper discusses the concept of the independent system,the independent system is a judge to judge the case system,and compared with the collegial system,based on the differences of the two systems of personnel composition,trial procedures,the application of the independent system has the advantages of high litigation efficiency,low judicial cost,high flexibility.Combined with the judicial practice in China,it is found that the large number of cases tried by the people’s court,the problems of "imitation,real independence" and excessive application of summary procedure exist in the judicial procedure of the collegial system,which are the important factors for the expansion and application of the current independent system.The second part is the current situation of China’s independent system expansion.First of all,the evolution of the legislation of the independent system in China is discussed.The independent system is generated based on the increase of cases accepted in China and the lack of talented judges.At first,simple civil cases are applied.In the practice of civil litigation cases to swell,type and quantity of single legislation content also ongoing change,in after work,and simplified shunt pilot reform of our country new revision of the civil procedural law "to further expand the applicable scope of the system of single,single system applicable scope of case,case-hearing level,programs are changing.This paper further expounds the changes of the expansion and application of the independent system,and analyzes the differences before and after the scope of the application of the independent system.The independent system can also be applied in the second instance procedure from the original application of the first instance procedure.At the same time,the ordinary procedure can also be applied to the independent system,and the independent system and the summary procedure are removed from the binding state.The third part explains and analyzes the problems that China’s independent system may face in its expansion and application.Because the scope of application of the system gives judges more discretion,the filing standard of the system is not clear.The application standard of the sole judicial confirmation procedure is relatively simple,and it does not accord with the original intention of legislation to still apply the sole judicial confirmation system to the complicated cases accepted by the middle-level people’s court.At the same time,the applicable mechanism of the sole system in the procedure transformation is not clear,and there is no provision on whether the sole system can be applied after the simple procedure is transformed into ordinary procedure.The fourth part puts forward some normative suggestions for the expansion of the independent system in China.First of all,it is clear that the principle of work and efficiency should be observed in the expansion and application of the independent system,and the principle of the independent system as the main and collegial system as the auxiliary should be established in the first-instance procedure.We will standardize the filing standards for cases under the sole authority system by listing the pros and cons,and improve the filing mechanism of separate cases between complex and simple cases to improve filing efficiency.This paper standardizes the standard of application of sole judicial system in judicial confirmation procedure of intermediate people’s court,and standardizes the mechanism and standard of application of sole judicial system after procedure transformation.Finally,the supporting mechanism for the expansion and application of the independent system should be standardized by standardizing the selection of independent judges,strengthening the trial supervision and assessment,and improving the legal literacy of auxiliary judicial personnel.