Study On The Application Of Sole-judge Of Ordinary Procedure In Civil Procedure

The new Civil Procedure Law has made important changes to the sole judge system,In the first instance proceedings of the Basic Court,"sole judge system+ ordinary procedure" mode of trial has aroused heated debatesin both academic and practical circles.After added the sole-judge of ordinary procedure,The new Civil Procedure Law has largely established a diversion of complex and simplified model with the mechanism of summary procedure solo,ordinary procedure solo and collegial ordinary procedure.In this way,The establishment of the sole-judge of ordinary procedure can not only alleviate the contradiction of "toomany cases and too few people" in the courts,And helps to imprpve the phenomenon which improper expansion of summary procedure,continuous crowding of the space for ordinary procedures.At the same time,Appropriating trial organization and procedures according to the characteristics of the case are in line with the operation of judicial power,Can further improve the quality and efficiency of trials.Although the new Civil Procedure Law has come into force,However the sole-judge of ordinary procedure based on the new applicable criteria canbe said is the first time to applied in practice.Based on the reform purpose and value spirit of the new Civil Procedure Law,With the help of judicial practice data,lawyer questionnaires and interviews,Follow the path of examination first and then analysis,It was found that the single judge system for ordinary proceedings has been operatingwith the main features of relatively low application rate,large differences in the amount of litigation,higher trial efficiency and more reasonable allocation of trial resources.At the same time,there are also problems in the application process,such as poor practicality of the applicable standards,imperfect transformation mechanisms with other trial modes and irregularities in the selection system of single judges.To make the most effectiveness of the reform that the sole-judge of ordinary procedure,First of all,the scope of application of the ordinary proced-ural system needs to be clarified,and the connotation of "clear basic facts and clear relationship between rights and obligations" needs to be correctly understood,and the boundaries of its application with the summary procedural system and the ordinary procedural system need to be distinguished;secondly,the conversion mechanism between the three trial modes needs to be improved in terms of clarifying the subject of review and ruling and refining the conversion criteria;finally,the selection system of single judges needs to be standardized by drawing on the experience of overseas and Chinese practice.