| Equilibrium closed the word first appeared in January 2008,the Supreme People's Court promulgated the "Supreme People's Court on carrying out the work of case quality evaluation guidance(Trial)",derived in the closing balance of the case quality evaluation index.From the life experience,the equilibrium closed properties should be content for the Supreme People's court or superior court management at all levels or lower level people's court trial work appraisal system,obviously does not belong to the procedural law,but is the procedure run in the pursuit of the court and closed the unity of benign effect fruit or state.Since we want to get a balance in the proceedings,the proceedings must have an impact on the balance,and the court and the judge will have an impact on the balance.The in this paper,combined with a prefectural commercial cases in the trial practice,analysis from the perspective of legal proceedings,that procedure middle-aged festival features intensified accepted case is not balanced,hard to reach,evidence of the ability of the parties is poor etc.procedural problems and court,judge balanced closed consciousness difference,transfer closed withdrawal rate assessment requirements higher subjective obstacles prolonged handling time affects the equilibrium closed?According to the proposed mechanism supporting service,enhance the efficiency of delivery;a trial separation mechanism,enhance the efficiency of mediation;enhance the sense of equilibrium closed,justice departments to strengthen the trial management measures,scientific regulation of handling time,achieve effective trial management,balanced closed.The Supreme People's court in October 2012 issued "on the strengthening of the equilibrium closed views",all aimed at changing the bad judicial state court has long surprise at the end of the closing,the end is not activ or control human activ.At the same time release evaluation reference index system of balanced closure,to guide the people's courts at all levels to strengthen the work of closing balance.In the "opinion",the Supreme People's Court of the people's court at all levels of the country to strengthen the management of the trial work.The courts throughout the country attaches great importance to the equilibrium closed work,carried out specific research activities and practice exploration,are advocated to strengthen the trial management to achieve a balanced closed.Trial management requires that the procedure of the case can meet the requirements of the law or theexamination.The author believes that the trial management of the proposed requirements,standards,focus on the process of the case supervision,how to get rid of the difficulties in the trial work to achieve management objectives,the judge or the court is more valuable in the case of civil and commercial cases.Balanced closing need to strengthen the trial management,but not as long as the management of trial will certainly achieve the balanced case.The whole procedure is a scientific and complete system,the operation of the entire system to rely on the health of all processes to maintain the operation of the entire system.Through the management of the whole procedure to achieve equilibrium closed,we must first manage the process of litigation.The implementation of each process of the procedure,which involves the implementation of the law,is bound to be subject to the conditions of the society.Hard to reach,evidence of the ability of the parties,high-profile solution procedure problems of rate of assessment,balanced consciousness and subjective thought,it is restricting the internal and external environment of the civil and commercial trial work.The author in this paper delivery,mediation and other problems in the analysis,mainly aims at is to improve litigation efficiency,reduce the handling time.To solve the problem of action in the process of difficult,in order to realize the balanced closed provide prerequisites.The final balance closed,still need to supervise the trial management procedure,regulation,planning. |
PDF Full Text Request