On The Construction Of Model Judgment Mechanism In Our Country

It has always been the focus of judicial practice in all countries to build and improve a diverse dispute resolution system.In 2016,the Supreme People's Court issued the “Notice on the Pilot Work of the Multilateral Dispute Resolution Mechanism for Securities and Futures Disputes in Part of the Country”,which marked the establishment of the model judgment mechanism in China.With the introduction of specific trial regulations and the application of judicial practice by the Shanghai Financial Court,the model judgment mechanism has gradually entered the public view.As a newly established mechanism,from the current practice,both the mechanism itself and the application process have encountered bottlenecks,and it is not clear whether the effects of the mechanism can be truly exerted.What are the problems in the application of the model judgment mechanism,how is it different from the model litigation system,and how to make the model judgment mechanism truly play its "model" and let the system fall to ground?First,the article reviews the historical evolution of the model judgment mechanism,and elaborates the preliminary results and innovation value of the model judgment mechanism.It starts with the content of the model judgment,and describes the overall appearance of the model judgment mechanism from the aspects of case initiation,model content and effectiveness expansion.At the same time,by contrasting the extraterrestrial acacia system,it provides experience for the improvement of the model judgment mechanism.Secondly,the article expounds the problems of case initiation,jurisdiction,and parties' procedural protection due to the lack of rules.The causes of these problems are mainly concentrated in the lack of theoretical guidance and the system itself.In terms of theoretical guidance,the lack of in-depth research and clear positioning of the model judgment mechanism is an important reason hindering the development of the model judgment mechanism.At the institutional level,in addition to the ambiguity and broadness of existing rules and operating norms,there is also a lack of connection with related systems.Finally,through analysis of existing problems,the article puts forward some ideas for improving China's model judgment mechanism.Specifically,first,at the level of system perfection,it is necessary to clearly define the positioning of the model judgment mechanism,refine the judicial rules,and carry out detailed design of the content of case initiation,jurisdiction,effectiveness,and model third party rights protection.Secondly,at the level of judicial application,we should learn from our case guidance system and provide guidance for judicial work through the release of guidance cases.At the same time,focus on improving the professional training and theoretical literacy of judges,and then promote the long-term development of the model judgment mechanism.