The Effectiveness Of The Implementation Of The American Civil Judicial Reform Law And Its Enlightenment To China

In order to solve the judicial problems like excessive stacking of cases ?delayed litigation ?expensive litigation cost and lawyer fee,the Congress of the United States formulated the Civil justice reform act of 1990 at the end of the 20 th century,This act does not modify civil procedures directly but reform the court through a serious of instructions to promote case management or intensify case control.What Civil Justice Reform Act is most meaningful to follow-up judicial reform is two systems,case management system and dispute resolution mechanism outsides the lawsuit which solved the problem of litigation delay and expensive litigation costs and is still used in judicial practice.With the deeper promotion of judicial reform,the civil justice faces many new circumstances and new problems,especially after the practice of case-filing register system and the system of the judges,there comes a phenomenon that much more cases swarm into grass-roots courts and the judges are stressed out.Therefore,the author want to summarize some significant measures by researching the civil justice reform act of 1990 and its implementation,then offer the useful experiences and theories for the civil justice reform in China.This paper is divided into four chapters:Chapter One is introduction,it mainly introduce the background and significance of the title,the research status of this subject both in In the domestic and overseas,the innovations and deficiencies of this paper;Chapter two elaborates the general situation of the civil justice reform act of 1990,this part includes the background?the target ? the main contents and the implementation of this act;Chapter Three analyzes the implement achievements of this legislation and the characteristics,especially the case management system and ADR;The main content of Chapter Four is the enlightenment of the Civil justice reform act of 1990 of the United States to our country,firstly,we should adopted a reform model which combine “from top to bottom” with “from bottom to top”,secondly,we should better formulate aspecial legislation about civil justice reform,thirdly,we can learn the case management system to optimize the trail process management system in our county,fourthly,we should establish a localized alternative dispute resolution mechanism.At the end,the conclusion of this paper is : the civil justice reform act of 1990 like a drop of water which refracts the experience of managed justice in the history of judicial reform.