公正与效率:我国民事审限制度探析

Disenchantment and Remodeling: China's System about Trial Time in Civil Case

我国审限制度以其悠久的历史传承、高效率地促使法官及时化解纠纷的能力绽放着其独特的魅力。但因其主观上的可塑性以及当事人主义诉讼体制下的程序保障要求,我们必须对现有的民事审限制度加以重塑:一方面从审限制度本身的弊端出发,另一方面结合实践中审限制度的具体操作情况,以程序保障为核心,建构一套完善的审限制度。

China＇s system about trial time in civil case has its long history and high efficiency that enables judges to resolve disputes promptly. However, due to its subjective plasticity and its procedural safeguard under litigant litigation system, the existing system about trial time in civil case must be remodeled. A set of perfect system about trial time in civil case must be made by taking the procedural safeguard as the core, analyzing the malpractice of its former system and integrating its trial specific operations.