The Plight Of The Grassroots Civil Trial Court Order In Our Country And The Countermeasures Research

In recent years, the situation of the grassroots civil trial court order is increasingly grim, especially civil trial order in the basic people’s courts. Random lateness of the participants in the proceedings and the courts’staff,the abuses and arguments among the judges and the participants.Litigation agents to be in dispute;the observers’abuse at the judges and the participants,the trials interruptted by rude behaviors or speeches,and other corrosions of the courts"authority happen everywhere. As to the aforementioned moderate behaviors, the attidude and handling methods of all the courts and judges are not the same. However, most courts and judges are always not so severe,by ordering the violators out of the courtrooms. Every violation and disregard from the participants.observers and even the court staff, every toleration of the courts will worsen the trial order and increase the randomness,the disorder and the explosive conflicts. The reckless destructions of trial order will cause ineffective operation of the trial courts, both the procedural and substantive justice cannot be guranteed.As a core system in the ligitation, civil trial’s functions include not only ascertaining the truth,but also demonstrating judicial authority through courts’ suits, ceremony and discipline.Serious trample on the judicial authority will damage the judicial authority and career dignity of judges. If this phenomenon is not paid close attention to, the courts will have no spaces to put their feet on, the legal basis of the whole society will collapse.The thesis consists of four chapters. The first chapter classifies the present disorders in the civil trial by the participants, litigation agents and judges through the methods of observation,survey and statistical analysis. This chapter also expounds that random and scattered civil trial order will not only cause inffective civil trial and will not gurantee the the procedural and substantive justice, but also will seriously damage the judicial authority, which will make the legal belief to be established more diffcultly. The second chapter, in the perspective of behavior choice by judges, courts, participants, lawsuit (observers), makes an in-depth analysis on the reasons of the disorders,by the methods of literature research,empirical research.The third chapter proposes that establishing contempting system in courts has an important reference for guranting the civil trial order, and introduces the foreign contempting system in foreign countries from four aspects:definition,classification,regulation and procedure.The fourth chapter, aiming to the present situation of civil trial order, the author proposes a dural system with regulation normalization and classifying guidance in civil trial order, on the basis of esbalishing judicial authority, so that a well-regulated civil trial order which can integrate smoothly reason, sense into law and domestrate judicial authority will be established. As to the regulation normalization, this thesis will propose that the court should establish the judges discipline committee,regulating the coercive measures, introducing the contempting system, constructing the optimization mechanism of trial order management, improving the observing system and strengthening logistical support. As to the guidance, the court should make more progatation on the trial order, flexibly use the two modes of civil trials.And the judges should make more proper guidance during trial.