Civil judicial trial method reform and development

Author: Jiang Ping
Publisher:
Publish Date: 1998-11-01
Features: Establishing and improving a judicial system that is adapted to the socialist market economy system and the conditions of China is an important task facing the legal development of our country. General Secretary Jiang Zemin, in the report of the 15th National Congress of the Communist Party of China, proposed the governance strategy of governing the country according to law and building a socialist rule of law state, and pointed out that it is necessary to "promote judicial reform and ensure that judicial organs exercise the power of adjudication and procuratorial power independently and impartially according to law." This will undoubtedly have a significant impact on advancing the development of socialist democracy and the rule of law in our country. Achieving the rule of law and advancing judicial reform is a great undertaking with a heavy burden, and the primary step is to prepare the theoretical foundation. The reform of civil adjudication methods is a part of judicial reform and a starting point for the reform of the judicial system and the litigation system. In recent years, courts across the country have actively explored and experimented with the reform of civil adjudication methods, achieving some successful experiences. However, it can be said that there is still a lack of theoretical guidance. Practical exploration needs to be summarized and refined theoretically, the pros and cons need to be evaluated theoretically, and the reform and improvement of the adjudication system and the litigation system need theoretical design. These are all glorious and arduous tasks before us. With the support of the Ford Foundation, a research team on the reform of civil adjudication methods was established in the spring of 1996 under my leadership, with members mainly composed of colleagues from the China University of Political Science and Law and the Shandong Provincial High People's Court. Due to my heavy workload, I have rarely participated in the specific work of the research team. Professor Chen Guiming of the China University of Political Science and Law actively engaged in this work, and he has been tireless in his research on the reform of civil adjudication methods. To complete this research task, he and other young scholars conducted in-depth investigations and research, wrote and published some excellent thematic papers, and this book reflects these research results. It should be noted that some activities of the research team also received the support and participation of many other colleagues in the judicial and legal circles. This book also includes a small number of representative research results from these colleagues.