Reflection And Reconstruction Of Immediatejudgement Meehanism

Immediate judgment mechanism which arouses an upsurge of arbitration" is a new system of civil litigation in courts of the country. The execution of immediate judgment mechanism plays a significant effect, which can alleviate the contradiction between the increasing judicial demand and the relatively insufficient of the court judicial ability, improve judicial efficiency, save the judicial resources and lower the cost of litigation. However, immediate judgment mechanism is a kind of bottom-up grass-roots courts" judge made law" reform, and we should rethink the bottleneck of its further development behind the " hot development". We also should put forward the related proposal and tentative idea in the reconstruction of immediate judgment mechanism in order to make the system develop into a higher level.This paper is divided into three parts:In the first part, the author introduces immediate judgment mechanism and its origin, and shows the good effect through the actual data of each district court work of immediate judgment mechanism.In the second part, the author analyses the development bottleneck of immediate judgment mechanism, which will be faced behind the "hot development". On the macroscopic, there is no clear legal basis in immediate judgment mechanism, which is unclear in the nature and legal position. In justification, the authority of judicial practice may damage the legal rights of the parties. In the specific system setting, many issues can affect the effect of immediate judgment mechanism, such as the indeterminacy of simple triage criteria, the defects of service system, the disfluency of program transformation, and coordination and handling between the immediate judgment mechanism and the overall work of court. In the third part, the author makes the further exploration in reconstruction of the immediate judgment mechanism. On the macroscopic, we should give immediate judgment mechanism independent procedure value, which will make it become a new independent civil procedure. In the specific system setting, we should make the reconstruction of immediate judgment mechanism through the traditional triage criteria, starting mode, protections of the rights of parties, institutions and personnel allocation of immediate judgment mechanism, the entry and conversion of program, service, time and so on, which can further promote the development of immediate judgment mechanism.