The Accessibility Of Civil Judiciary

The accessibility of civil judiciary is the status or extant embodied in the design of civil judicial system and the concrete practice which facilitate people to access to,understand and utilize.It calls for the civil action and related system design and actual operation should be fully considered about the degree of utilization that is not only in terms of time,space,;and the way the parties want to facilitate the use of,but also a sense of dependability and reliabiity. The accessibility of civil judiciary doesn't advocate judge to hobnob with paties,nor mean the welfare of judiciary.Research on how to protect and improve the civil judicial system can help people to access to justice,as well as correct the principle of "judicial departmentalism", not only contribute to protect the rights of the people and their relief,but also be able to enhance people's understanding and trust on the judicial system,also establish the authority of the judiciary and make a positive effect on the generation of the faith of law.In addition to the introduction and conclusion,this paper is divided into three parts.In the first part,it defines the basic concept of the accessibility of the civil judiciary.First of all,explain the concept of accessibility through the research on the words "civil judiciary" and "accessibility",this paper tends to consider the accessibility of civil judiciary as a mean of description,so that it can evaluate the effect of operation of the judicial system.It can give a description about the accessibility of legislative and judicial acts at static level,but also give a direction for civil judiciary reform at a dynamic level.Secondly,by comparing the accessibility of civil judiciary with "access to justice" and "the effect of the civil justice",it gives a further clarity of the accessibility of civil jurisdiction and laid a foundation for the following discussion.Thirdly,the measure of the accessibility of civil judiciary is discussed. This article holds that the relevant standard should include but not limited to the following points:1.the openness of information.Including openness and accessibility of legislative content;2.The convenience and effective of the procedure.The so-called "convenience" refers to the proceedings of case should be more user-friendly design and operation.The so-called "effective" means the proceedings should expeditious and get to result on time;3. Support of the use of the procedure by parties,including support of affordability and litigation in procedure;4.The alternative choice of dispute resolution,apart from asking the court to resolve disputes,it should also provide other dispute resolutions for the parties. In part two,this paper discuses the reason for the protection and promotion of the accessibility of civil judiciary.Firstly,the theory reasons are discussed.This paper believes that protecting and promoting the accessibility of civil judiciary is not only a duty of modern welfare country,but can also promote the social stability function of civil procedure,and protect the right of the citizen to access to jurisdiction.Secondly,the reality reasons are discussed.This article believes that the pursuit of the accessibility of civil judiciary is not only a result of socio-economic development and the rising public awareness of the rights of people,but also the scientific concept of development and the "people-oriented"philosophy.It is a wise choice which catches up with the trend of judicial reform of other countries in contemporary world.Thirdly,the paper analyses the confliction which may arise between the accessibility of civil judiciary and the efficiency fairness,and procedures stability of civil judicial system.In part three,the accessibility issues in related civil judicial system are discussed.First of all,the start button of civil procedure mechanism,respectively analyzed about start mechanism of the first instance,appeal and retrial,identified the barriers in the implementation about the right of action and made the relevant reform proposals.Secondly, on the cost in civil proceedings.This paper argues that the scopes of existing system of legal costs are limited and the charging way is single.The scope of the cost of litigation should be broaden,and other private costs should be absorbed in paries' cost,and the way of "stage charging" should be considered.In,addition,the reform of the cost of litigation should also be coordinating with "litigation insurance" system and the adjustment of solicitor's fees.Thirdly, in a civil legal aid,this paper argues that the existing legal system is not highly accessible to the coverage of assistance,as well as the convergence of the service team,it should broaden the scope of legal aid and set up the convenient convergence of judicial aid mechanisms,also broaden and strengthen the force of legal aid services team.Finally,in building a pluralistic civil dispute resolution mechanisms,this paper argues that the diversification of the existing alternative dispute resolutions is limited,which is also lack of scientific cases triage system. In order to fully bring the pluralistic civil dispute resolution mechanisms into play,court annexed ADR should be set up,including court annexed arbitration,neutral expert judge and Moot Court etc.In this way,the parties can freely select the dispute resolution methods in line with their requirements,just like the consumer purchasing the goods and service which suit their needs.At the same time,The disputes should be proceed by the specialized agencies of the dispute based on the characteristics of the disputes,establishing the specialized agencies of the common disputes such as small-claims disputes,traffic disputes,consumer disputes, family disputes,medical disputes,and labor disputes.In order to guide these disputes to adaptive settlement mechanism,we should set up a "United Dispatch Center," as to improve the efficiency of settlement of disputes and promote degree of specialization.