庭审中心主义一直是中国民事诉讼改革的重要指引. 中国民事庭审改革 历经庭审规范化、实质化两个阶段后,随着十八届四中全会提出审判为 中心司法改革,在民事诉讼领域则表现为中国民事庭审优质化改革,即 民事庭审改革的第三阶段. 民事庭审优质化改革是在当事人主义诉讼模式 语境下展开,围绕民事庭审质效提升而展开的系列改革. 成都市中级人民 法院试点改革具有较强典型性,也是推行该项改革为数不多的法院之 一,主要强调庭审在民事裁判中的决定作用,突出完善审前程序和强化 庭审程序,为全国推广提供了可贵的试点经验. 从全国性民事庭审优质化 改革的全局视角观察,民事庭审实质化改革还存在诸多不足,纠纷解 决、程序分流、争点整理、证据交换等民事审前程序功效没有充分发 挥,答辩失权缺位、辩论原则无约束性、举证时限虚化、诚实信用原则 未有效实施等问题使得民事庭审程序的设计不够精细化,诉源治理不 佳,审判管理有待深入、公信力遭遇提升瓶颈等均表现出民事优质化庭 审保障不充分. 总体而言,民事庭审优质化改革是一项系统性改革,应从民事司法改 革的视野下进行全局性观察和设计完善路径. 具体来说,首先,应当重构 审前程序,强化争点整理功能,凸显繁简分流功能,突出纠纷化解功 能,完善证据交换功能;其次,应当精细化构造庭审程序,强化繁案集 中审理,创新简案审理方式,贯彻诚实信用原则,深化民事诉讼审级改 革;最后,应当完善民事庭审优质化保障措施,大力推动诉源治理,继 续深化审判管理改革,进一步提升民事审判公信力.
The centralism of trial is an important guide to the reform of Chinese Civil litigation. After the Chinese civil trial reform went through two stages of formalization and materialization, it was presented as the central judicial reform at the fourth plenary session of the 18th central committee of the communist party of China(CPC), it was presented as the quality civil trial reform, which is the third stage of civil trial reform. The civil trial optimization reform is a series of reform in the context of the litigant's litigation mode, focusing on the improvement of the quality and efficiency of the civil trial. The pilot reform of Chengdu intermediate people’s court is typical and one of the few courts to carry out the reform. It mainly emphasizes the decisive role of the trial in the civil judgment, and emphasizes the improvement of the pre-trial procedure and strengthens the court proceedings, providing valuable pilot experience for national promotion. From the overall perspective of the reform on the optimization of national civil trial, there are still many deficiencies in the substantive reform of civil trial, the effect of pretrial procedure such as Dispute resolution, Program distribution、Dispute settlement, Evidence exchange are not fully developed, the lack of the loss of authority, the non-binding principle of the debate, the time limit for the abduction of evidence, and the principle of good faith have not been effectively implemented, made the program design not precision, the safeguards of civil trial optimization reform is not good, including the poor governance of the source of litigation, the need for in-depth trial management, and the bottleneck of credibility to be improved. In general, the civil trial optimization reform is a systematic reform, which should be observed and designed from the perspective of civil judicial reform. To be specific, first of all, the pretrial procedure should be reconstructed, Dispute settlement should be strength, The diversion function of simplicity should be highlighted, Dispute resolution function should be protruded, and the evidence exchange function should be improved. Secondly, the court procedure should be elaborated to strengthen the centralized trial of complex cases, and innovate the way of simple cases, and implement the principle of honesty and credibility, and deepen the reform of civil litigation at trial level. Finally, we should perfect the safeguards measures of civil trial, and vigorously promoting litigation source governance, and continue to deepen the reform of trial management, and further enhance the credibility of civil trials.