중국 민사재판의 질적 개혁에 관한 고찰

Abstract

The centralism of trial is an important guide to the reform of Chinese Civil litigation. After the Chinese civil trial reform went through two stages of formalization and materialization, it was presented as the central judicial reform at the fourth plenary session of the 18th central committee of the communist party of China(CPC), it was presented as the quality civil trial reform, which is the third stage of civil trial reform. The civil trial optimization reform is a series of reform in the context of the litigant's litigation mode, focusing on the improvement of the quality and efficiency of the civil trial. The pilot reform of Chengdu intermediate people’s court is typical and one of the few courts to carry out the reform. It mainly emphasizes the decisive role of the trial in the civil judgment, and emphasizes the improvement of the pre-trial procedure and strengthens the court proceedings, providing valuable pilot experience for national promotion. From the overall perspective of the reform on the optimization of national civil trial, there are still many deficiencies in the substantive reform of civil trial, the effect of pretrial procedure such as Dispute resolution, Program distribution、Dispute settlement, Evidence exchange are not fully developed, the lack of the loss of authority, the non-binding principle of the debate, the time limit for the abduction of evidence, and the principle of good faith have not been effectively implemented, made the program design not precision, the safeguards of civil trial optimization reform is not good, including the poor governance of the source of litigation, the need for in-depth trial management, and the bottleneck of credibility to be improved. In general, the civil trial optimization reform is a systematic reform, which should be observed and designed from the perspective of civil judicial reform. To be specific, first of all, the pretrial procedure should be reconstructed, Dispute settlement should be strength, The diversion function of simplicity should be highlighted, Dispute resolution function should be protruded, and the evidence exchange function should be improved. Secondly, the court procedure should be elaborated to strengthen the centralized trial of complex cases, and innovate the way of simple cases, and implement the principle of honesty and credibility, and deepen the reform of civil litigation at trial level. Finally, we should perfect the safeguards measures of civil trial, and vigorously promoting litigation source governance, and continue to deepen the reform of trial management, and further enhance the credibility of civil trials.