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提高诉讼效率是现代司法所面临的一大课题,也是西方国家解决“危机中的民事司法”的重大而惟一的选择。那么,在我国的民事司法改革中要实现的是什么样的诉讼效率?理想的诉讼效率该具备哪些条件或标准呢?笔者认为:理想的诉讼效率应具备三性:适当性、均衡性与整体性。一、适当性:公正与效率的选择所谓诉讼效率的适当性,是指提高诉讼效率目标的适当性,主要指效率与公正的关系中正确确立诉讼效率的目标定位。没有目标的生活,就像没有舵的船。同样,如果我们不能设定诉讼效率的适当目标,则民事司法改革会没有方向。
Improving litigation efficiency is a major issue facing modern judiciary and also a major and only choice for western countries to solve “civil justice in crisis.” So, what kind of litigation efficiency should be realized in the reform of civil justice in our country? What conditions or standards should be possessed by the litigation efficiency? The author thinks that the ideal litigation efficiency should have three characteristics: appropriateness, balance and overall Sex. First, the appropriateness: the choice of fairness and efficiency The so-called suitability of litigation efficiency, refers to the appropriateness of the goal of improving litigation efficiency, mainly refers to the efficiency and fairness in the correct establishment of the efficiency of the lawsuit positioning. Life without a goal is like a ship without a rudder. Similarly, civil justice reform will have no direction if we can not set the proper goal of efficiency of litigation.