On the Application of the Sole-Judge Trial in Ordinary Civil Procedures
A notable change in the 2021 revision of the Civil Procedure Law of the People's Republic of China is the expansion of the scope of application for sole-judge trials.After the revision,the sole-judge trials are no longer"simply bundled"with summary procedures.Sole-judge trials in first-instance ordinary procedures are only applicable to grassroots courts,thereby broadening the scope of their application.This change aligns with the courts'pursuit of litigation efficiency and the requirement to safeguard the procedural interests of the parties involved.It also conforms to the developmental trends in foreign legal systems.The main obstacles lie in the violation of the first-instance principle of"dominating collegial trials with compensating sole-judge trials",and potential operational difficulties.Improvement suggestions include:(1)Clarifying the criteria for the application of the sole-judge trials in ordinary procedures through positive and negative lists;(2)Limiting the improper simplification of the sole-judge trials in ordinary procedures;(3)Perfecting the supporting mechanisms for the expansion of the sole-judge trials.
expansion of sole-judge trialsole trialordinary procedureprocedural safeguard
万方数据
维普
