Study Of The System Of Time Limit For Concluding A Civil Trial

The system of time limit for concluding a civil trial means that the court should comply with the legal time limit in trying civil cases.It belongs to a supplementary and guaranteeing system of civil litigation.The limitations of the system itself are contrary to the operation rules of litigation.In addition,the contradiction between more cases and fewer judges and the internal assessment of the court intensifies the pressure upon judgment.The exceeding of the time limit,the party’s strategy of transforming litigation,and “the recessive exceeding of the time limit” in which the judges make use of their powers to evade the time limit for concluding a trial,happen now and then.With the promotion of the idea of the rule of law put forward on the Fifth Plenum of the 19th Central Committee of the Communist Party of China,the reform and experimentation work on distributing complex procedures of civil litigations and simple ones have been advanced steadily.The distribution of cases can realize the division of quick and slow procedures.It is a beneficial exploration of synchronously improving the quality and efficiency of trying cases.Nevertheless,there are still some malpractices existing in the system of time limit for concluding a civil trial,such as the abuse of the rules on deducing the time limit for concluding a trial,the defects of the party’s procedural rights,the delay of litigation being incapable of restricting the losing right for offering evidence,etc.Therefore,it is necessary to refine the rules on deducing the time limit for concluding a civil trial,and to empower the party to participate in procedures and to raise an objection.In addition,the delay of litigation should be incorporated as a factor to consider the loss of right for offering evidence and the supporting mechanisms of the flow management of the case should be optimized,too.The study of time limit for concluding a civil trial is helpful to realize the efficiency value based on justice.Meanwhile,it can guarantee the procedural rights of the party and establish judicial authority.