The Thinking Of Improving Our Case Management System With English Law As Reference

Case management is an important part of the legal system of civil litigation. With the development of the judicial reform and case management movement in the western countries, construction and improvement of our case management system is becoming a topic of educational circles. A case management system in the United Kingdom as the main reference system, combined with the background of the rise and the latest developments of it, this paper focuses on the key systems of case management for a more in-depth research and Comment. Based on the knowledge of the basic theory of civil litigation, it strives to exhibit the essence of the case management system in UK, providing useful insights for our change. The author attempts to put forward the initiatives which are consistent with our national circumstances for improving case management after absorbing the British case management system flexibly. Besides the preface and conclusion, the paper is divided into four chapters.Chapter one basically introduces the development of case management and the core of this system combined with the latest amendment of the Civil Procedure Law in UK. Around the change of Judge’s power of case management, this chapter analyzes the essence of case management and gives the preliminary explanation for correction adversarial litigation mode.Chapter two lists the core concepts and specific mechanisms of the case management system in UK. Through the British judicial practice, the famous case, it describes the philosophy of case management and the actual situation of its judicial operations. After the evaluation, the British case management system has the characteristics of constant self-improvement and self-renewal.Chapter three states the status quo of Chinese judicial management. It includes the current legislation and judicial practices in this field. It is noted that the Chinese judicial management falls behind the case management in UK, the legislation is lagged, the publicadministration is mixed with the case management and the operation in different courts are disordered. This chapter also conducted a preliminary feasibility analysis on the reference for the British case management system.Chapter four builds our case management system. Case management system should be started from setting up the philosophy to legislation. It not only emphasizes the importance to case management purview division, and puts forward feasible Suggestions for the improvement composed by current practices and latest extraterritorial developments.