How To Make Chinese Court Trial Of Civil Litigation Fully Functional

The court trial of civil litigation is the place where both parties can raise their claim,carry out the cross -examination and the court argument on the direct of the judge, and finally, the judge can make a judgment at the court trial. The court trial is the core of civil litigation. The function of the court trial of civil litigation is to preserve fairness and justice, settle disputes, promote democratic autonomy, and illuminate legal principle.Through recent judicial system revolution, Chinese court trial of civil litigation has made great progress, no matter on the content or the form. But, the achievement of the revolution didn't meet expectations. There are a lot of hinders on the way of making the court trial of civil litigation fully functional. In the respect of current situation, the Chinese court trial of civil litigation has many problems, such as the wrongful partition of the court investigation and the courtroom argument, the imperfect issue arrangement routine, and neglecting the right of both parties. Thus, Chinese court trial of civil litigation has a huge room for improvement. The appearance of these problems is related to the cultural origin, the system influence, and human factor. In order to make the court trial of civil litigation fully functional, with the deepen reform of the revolution of judicial system, we should restore the partition of the court investigation and the courtroom argument based on our national conditions and establish Chinese issue arrangement procedure of civil litigation. At the meantime, we should also improve the construction of the elitism of Chinese judge. We can cultivate a troop of a"professionalism,specialization and elitism" Chinese judge in the method of optimizing the incentive mechanism of judges and improve the training of judges. Through all the method above, we hope we can make some progress on making the court trial of civil litigation fully function.This paper has four parts. The first part is to introduce the basic theory and function of the court trial of civil litigation. At the second part, I recommended the history and current conditions of Chinese court trial of civil litigation. I summarized three hinders of the court trial of civil litigation and analyzed the reason on the third part. At last, I offered some proposals to improve the revolution of the Chinese court trial of civil litigation.