浅析我国民事诉讼中的径行裁判

径行裁判作为我国二审程序中特有的审理方式,是对开庭审理的一种补充,也是立法者试图在诉讼公正和诉讼效率之间寻求平衡的产物。径行裁判的审理方式在缓解诉讼压力、提高诉讼效率等方面发挥了重要作用,但其在司法实践中肆意扩大适用无疑会对当事人的诉讼权利造成损害,必须予以限制。

A Brief Analysis of the Immediate Judgment in Civil Litigation of China

Immediate judgment,as a particular mode of trial in the procedure of second instance,is a supplement to the formal procedure of court trial and is a product of lawmakers＇ attempt to seek the balance between litigation justice and litigation efficiency.The trial mode of immediate judgment plays an important role in many aspects like reducing litigation pressure and improving the efficiency of lawsuit though the abuse of immediate judgment will no doubt bring damage to parties＇ litigation rights in its judicial practice,so the judgment must be limited.