On The Parties Selected A Desired System Of Judges

Now, the reform in justice which is going on in many countries and regions mostly regards increase in judicial efficiency, promotion of judicial justice, reinforcement of public's reliant feeling in judicial judgement as its strong drive. At the same time, all kinds of theories that guide the reform in justice , such as the principle of the subject in the procedure , the theory of the option in the procedure, the theory of safeguard of the procedure, provide powerful support for the reform. Under present circumstances, 《 Provisional Regulations of Parties Choosing Judges in Civil Litigation》 was announced on 5 June, 2003 and 《Operative Methods of Parties Choosing Judges in Civil Litigation》 was issued on 7 July, 2003 in Taiwan District of China, soon after, the institution of parties choosing judges in civil litigation was piloted in seven local courts in Taiwan District . Furthermore,on 25 May,2004, 《 Provisional Regulations of Parties Choosing Judges in Civil Litigation》 was revised,and again was piloted in four higher courts in Taiwan District of China. The intention of this institution is "to further people's reliance in judgement and decrease litigations", and the judicial idea of the institution is to respect parties' subject position in the procedure and option in the procedure, so it's worth concerning in learning group and practice group in China. Therefore, this article begins with the institution of parties choosing judges in civil litigation, then deep questions the theoretical ground which it lies on, finally analyses its example meaning to reform in justice which is proceeding in China.This article contains about 30 thousand words, three parts except for prelude and tag:The first part: The outline of the institution of parties choosing judges in civil litigation. Based on the introduction to main contents of this institution, the article analyses its carefulness and relevant reasons, the conditions of its good utilization and generalises its multiplefunctions oThe second part: The theoretical ground of the institution of parties choosing judges in civil litigation 0 The relevant theories mainly include the principle of the subject in the procedure > the theory of the option in the procedure ^ the theory of safeguard of the procedure <, The article deep discusses these theories' connotations> positions^ meanings and other aspects, then analyses their theoretical foundation effects on the institution of parties choosing judges in civil litigation <>The third part: The example meaning of the institution of parties choosing judges in civil litigation to reform in justice which is proceeding in China o In order to reduce abuses existing in civil trial in China, the relevant reform has lasted for 10 years or so and has achieved great achievements ? The article analyses favorable factors and unfavorable factors of pushing the institution of parties choosing judges in civil litigation in China, then believes that it has strong example meaning to China's reform in justice, but it should be borrowed carefully o...