Primal Research On The Management Of Trial Process

The trial procedure and mechanism concern directly the trial values-fairness, justice and efficiency. Their defects can be easily found provided that we trace them back to traditional ones, such as the administrative tendency of trial management, the defective trial process and system and the judge's obsolescent notions etc. To ensure fairness, justice and efficiency, reconstruct the new trial procedure, and reform the trial mechanism, it is emergent to manage the trial process scientifically.To realize the strategy of rule of law, build the socialist economic system and adopt globalization of the international economy after the entry to WTO. Emphasize the expectation that the trial can actually embody the fairness, justice and efficiency. The new trial procedure and mechanism should be reframed provided that the courts reform the traditional one which violates the principle of justice The management of trial process, which is achieved by the innovation of trial procedure and mechanism, can be defined as the mechanism of trial management and comprehensive litigation procedure that is organized and supervised by the special agency of the courts according to different phases of certain cases. It is also a fair procedure as well as a scientific management mechanism which is framed under the theories of separation of powers, checks and balances, and the notions of improvement of efficiency and maintenance of social order. The value of trial process management, which embodies the inner value of procedural justice and orderly efficiency, ensures the fairness, justice and efficiency of the trial. Hence the trial process management, which accords with the standards of just procedure is endowed with justification and scientific action.