A civil litigation supporting system for improving the reform of the judge responsibility system
June 05, 2020 07:44 Source: "China Social Sciences" June 5, 2020, No. 1941, Author: Renzhong

The Fourth Plenary Session of the Eighteenth Central Committee of the Party in October 2014, "The Central Committee of the Central Committee of the Communist Party of China on several major issues of comprehensively promoting the rule of law in accordance with the law" (hereinafter referred to as the "Decision") is of great significance to the reform of my country's judicial responsibility system。The banner of "Decision" clearly requires "Clarifying the level of all levels within the judicial organs,Improve the internal supervision restriction mechanism。Internal personnel of the judicial organs shall not violate the regulations to interfere with the cases that other people are handling,Establishing a record system and responsibility system for the case of the internal personnel of the judiciary。Improve the judge of the main trial、Documentary、Director prosecutor、Hosted the responsibility system for investigators for handling the case,Who is responsible for implementing the case ",This marks the new starting point and new journey of my country's judicial responsibility system reform。

In order to implement the overall deployment of the above judicial responsibility system reform,The Supreme People's Court has promulgated the "Several Opinions of the Supreme People's Court on improving the judicial responsibility system of the People's Court", "Implementation Opinions of the Supreme People's Court of the Supreme People's Court (trial)", "The Supreme People's Court on the Implementation of the Judicial Responsibility System for the Implementation of the People's Court of the Supreme People's Court" Opinions of the trial supervision and management mechanism (trial) "" The Supreme People's Court's Implementation Opinions on Further Comprehensive Implementation of the Judicial Responsibility System ",Its core content is "Let the trial referee,Responsible by the referee "。The reform of the judicial responsibility system is also the "Supreme People's Court on Deepening the People's Court's Comprehensive bet365 best casino games Supporting Reform of the People's Court -the top five five -year reform outline of the People's Court (2019-2023)"。

The "Central Committee of the Communist Party of China on persistence and improvement of socialist system with Chinese characteristics、Decision to promote the national governance system and governance capacity to modernize several major issues "further demanded" comprehensively implementing the judicial responsibility system "。Recent,The General Office of the Central Committee of the Communist Party of China also issued the "Opinions on Deepening the Comprehensive bet365 best casino games Supporting Reform of the Judicial Responsibility System"。This indicates,The reform of the judicial responsibility system is an important starting point for my country's construction of a socialist rule of law and realizing the modernization of national governance。The reform of the judicial responsibility system is not over,You should not stagnate,Instead, it should be continuously followed and promoted substantially。

Since the Fourth Plenary Session of the Eighteenth Central Committee of the Party,A series of system issues that restrict the comprehensive implementation of the judicial responsibility system have been fundamentally solved。Whether it is the reform of the judges、"Provincial Human Property and Provincial Unified Management"、List of judges and responsibilities,The purpose of the system to ensure the judgment ability of the judge on the other side,On the other hand, control the risk of integrity,and the results of the Lingen Division (exclusive judge) and the president in the result、The division of responsibilities and supervision mechanisms between the dean and the trial committee。The above question is exactly the long -term regulations of the judge's independent case。The problem of the system has been basically smooth,"Let the trial judge,The external conditions of the referee "are gradually established,The improvement of the supporting system of the civil litigation will inevitably become the key to the reform of the judicial responsibility system. Next step: Civil lawsuit is the mother of the program,The improvement of the supporting system for the reform of the reform of the judicial responsibility system will be a demonstration role in the outline of administrative lawsuits and criminal proceedings; bet365 live casino games the primary goal of civil lawsuits is to protect the parties' civil entity rights,Implementation of the judicial responsibility system in civil lawsuits not only lays a solid procedure foundation for the upcoming implementation of the "People's Republic of China",And also played an important role in escorting and carrying forward the virtues of the socialist market economy and the traditional virtues of the Chinese nation in general and results。

Since the reform and opening up,The original intention of the reform of civil litigation in my country is to change authority as a parties' humanism,Effectively ensure that the parties realize their civil entities through civil lawsuits。Under the continuous effect of the reform of civil trial and modernization of the judicial system,my country's civil litigation increasingly emphasizes the owner's owner's consciousness,Implement the parties' self -decision、Self -responsible modern civil litigation concept。At the same time,Considering that my country has not established a lawyer forced agent,My lawsuit is more common,Social reality that is lacking in the law and litigation consciousness of the parties,It is also ensured that "people who are reasonable to win the lawsuit" through the system of Judge Shiming and other systems。It must be calmly pointed out,Although my country's civil litigation system or model transformation has made great progress,But the transformation of the humanistic system of the parties is still on the road,and will be in the process of reform within a considerable period。In the context of the parties' humanism that has not been completely established in my country,The establishment and implementation of the judicial responsibility system will also face challenges,and mainly manifested as two faces of interconnection: on the one hand,The judge's power and responsibility border in civil lawsuits is not clear,This is easy to give birth to the parties' dependence and dissatisfaction,The result leads to "good intentions to do bad things",The "hard work" of the judge cannot be exchanged for the satisfaction of the parties,It may be negatively evaluated by the judicial responsibility system; on the other hand,,"More people and fewer people" are realistic bet365 live casino games issues that have constrained my country's civil lawsuits for a long time,and present a trend of increasing year by year。2013 to 2017,88.967 million cases accepted by the people's courts at all levels,Trial、Perseverance 85.984 million pieces,58.6%and 55.6%year -on -year。2018,28 million cases accepted the case of people's courts at all levels,Trial、25.168 million pieces,increased by 8.8%and 10.6%year -on -year。This is vividly called "litigation explosion"。But,As of the first half of 2019,Provincial (district、City) Only 126,000 judges。The reform of the judge system is an important measure to implement the "judicial responsibility system",The regularization of the judge、Professional、The level of professionalization has a significant improvement effect。But,The reform of the quota system of judges does reduce the number of judges,Make the judge's "human case ratio" continuously increase,This is particularly prominent in civil lawsuits。

If the judge's power and responsibility list in civil lawsuits cannot be scientific and clearly defined,"There are more people and fewer people" cannot be fundamentally solved,The implementation of the reform of the judge responsibility system will be discounted or even repeated。Heavy work burden and professional risks on the one hand will make excellent legal talents discourage,Choose other legal occupations; on the other hand,High pressure and high risk may also cause outstanding judges to vote with their feet,Leaving the judge team。Through judicial survey can be found,Judge's overload work is a more common phenomenon,"One person a day and one case" has become a reality in some courts。"Litigation Explosion" Although it is a heavy work burden for the court,But this is exactly the inevitable result of the booming market economy and the enhancement of the people's legal awareness。Facing the turbulent case tide,Diversified dispute resolution mechanism、Frequent simplified diversion、Agreement for litigation、Time limit and the ongoing second -instance independent system reform exploration can play a diversion and alleviating effect,But the negative impact of the above measures has also attracted the attention bet365 Play online games and attention of the Supreme People's Court。

Against the life line of justice,Improve judicial efficiency、Contradictions of the case of cracking people,Can't reduce judicial quality、Damage the legitimate rights and interests of the people。It must be guaranteed to ensure judicial quality、Raising judicial justice、Deepening Reform,Organic unity of effective realization of judicial quality and efficiency。Judicial Quality、Organic unity of judicial justice and judicial efficiency,In addition to the protection of the social environment and judicial system,The establishment and improvement of the supporting mechanism of the civil lawsuit。

First,Continue to promote the reform of the registration registration system。"Decision" clearly proposes to make a case review system as a registration registration system。To implement the above requirements,The Supreme People's Court's Interpretation of the Application of the Civil Procedure Law of the People's Republic of China "is preliminary in response to Article 208。Because it did not break the positive and negative prosecution conditions stipulated in Article 119 and 124 of the Civil Procedure Law of the People's Republic of China,Therefore, it has not completely completed the reform of the registration system。Although the further decrease of the threshold for the case, the further increase in the number of cases in the short term,But this is the fundamental manifestation of protecting the parties to exercise the right to claim in accordance with the law。Number of cases that are scientifically responding to surge,The number of judges should be increased accordingly,and scientifically cope with other supporting systems in civil lawsuits and solve it reasonably。

Second,Continue to implement the humanist lawsuit mode。The establishment and prosperity of the commodity economy must inevitably require the civilian civil litigation system or mode of the parties to support it,This requires the true parties as the owner of the program。The parties have the right to determine the litigation label,The facts of the judge's referee are provided.。Although the authority of the judge under the context of the party's humanistic context Bet365 lotto review has been limited,But this also means that the burden on the judge has been greatly reduced。The judge only trials the physical hearing object determined by the parties,and the rights and obligations that the parties have not claimed not to be tried。Judges in principle determine whether the rights exist in the facts and evidence scope proposed by the parties,instead of assuing the responsibility of all the facts of all life。The party's humanism is the foothold and foothold of the list of judges and responsibilities。

third,Adhere to the principle of judgment of civil judgment。The party's humanist lawsuit model clearly defines the list of powers and responsibilities for judges and parties。The facts of the judge's responsibilities of the case of the lawsuit and other matters involving the public interests involved in public interests,The parties are responsible for the subject matter of the litigation and the facts of the case。Based on this,The judge made by the judge only principle only the binding force of the litigation marks between the parties in this case。This is both the natural result of the party's humanism,It is also an important guarantee for implementing the judge's responsibility system,It can only judge whether the judge is wrong with the lawsuit and evidence data of this case,instead of adopting the way of Zhuge Liang after the incident。Similarly,The relative nature of the judgment is also required to delete the factual budget effectiveness of the correctional referee in principle,Persist in the limited liability of the judge in facts and evidence proof,This is also the fundamental measure to solve the parties' "proof difficult"。

The delineation of the list of power and responsibility is a necessary prerequisite for implementing the judge's responsibility system,But this must follow the rules of judicial and reflect the fundamental requirements of the party's humanism。Performing the supporting civil lawsuit system of the party's humanism is the internal cause of the reform of the judicial responsibility system。Compared with the improvement of the social environment and judicial system,Humanism reform of civil lawsuits is more decisive,It must also be the key to the next step of the judge's responsibility system in my country。 bet365 Play online games (Author is an associate professor of Law School of Tsinghua University)

Editor in charge: Zhang Yueying
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