| At present,in the judicial practice in China,due to the lack of scientific guidance to the trial personnel and related training,so most of the trial method is based according to personal experience and limited understanding of a certain "empirical"trial method,which also makes the judges in the handling level and handling ability is uneven.Moreover,judges hearing cases with irregular and unscientific trial methods may lead to judicial injustice,which is not conducive to the maintenance of judicial credibility.Judges are the specific implementers of judicial power,and legal theoretical knowledge and trial thinking logic and skills should be the focus of their attention in the trial process.According to many years of trial experience,based on the theory of request and the analysis of the constituent elements of physical legal norms,Judge Zou Bihua launched the book "Nine Steps Law of Requirements Trial".As a trial method,it is known as "the sword spectrum in the court"."To a certain extent,the" Nine-Step Law " is for the judge to find out the facts of the case and make a judgment,and puts forward a clear direction,clear process and standard method idea.Compared with the traditional Chinese civil trial method,the "Nine-step Law"helps judges to quickly clarify the trial thinking when hearing cases,which is of great significance for improving the efficiency of litigation and ensuring the parties in substantive justice and procedural justice.However,due to the fact that this method attaches too much importance to the analysis of the right of request requirements and the application of the judicial syllogism,the dynamics and interactivity in the trial are ignored to a certain extent,and in judicial practice,it is difficult for most judges to hear cases completely in accordance with every step of the "nine-step law".At present,due to the influence of the reform of the judge post system and the professional quality of the judicial staff and other reasons,the implementation of the "nine-step law" has the corresponding practical difficulties.Based on this,the "nine-step essential element trial method" as an advanced civil trial method still needs to be further reformed.This paper is divided into four parts besides the introduction and conclusion:The first part studies the definition and characteristics,and compares with the "nine-step method" to analyze the advantages and disadvantages.The second part mainly discusses the definition,content and legal basis of essential trial.Due to its characteristics of untesting and inheritance,the traditional civil judicial method is not conducive to ensuring the judicial justice and improving the litigation efficiency."Requirements trial nine steps" compared with the traditional civil trial method,meet the actual requirements of the development of the rule of law society development,meet the needs of a new round of judicial reform,is an effective scientific trial method,to improve the efficiency of litigation,ensure judicial justice,enhance judicial credibility and other aspects have a great positive significance.The third part takes private lending cases as an example to specifically analyze the operation and application of the "Nine-Step Requirements Trial Law" in specific cases.The fourth part analyzes the practical dilemma of implementing the method through the "nine steps of" essential trial method in judicial practice ",and discusses the re-reform of China’s civil trial method combined with the" centralized trial system". |
