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民事审限制度作为一项具体的民事诉讼制度,面临着“存”与“废”之争论,改革之声也此起彼伏。从制度经济学的有关理论和公共选择经济学这个视角进行分析,民事审限制度只是民事诉讼这一“制度群”里的一项具体制度,有其存在的制度环境,而且能实现其制度预期,不应废止。但是民事审限延长制度因其责任主体违法处罚制度的缺失,以及审限延长理由的过于抽象性的规定,存在监管真空,极易出现司法腐败,有碍提高司法效率,因此亟需进行改革和完善。
As a concrete system of civil litigation, the civil arbitration system faces the controversy between “depositing” and “rejecting”, and the voice of reform also comes one after another. From the perspectives of institutional economics and public choice economics, the civil arbitration system is only a concrete system in the “system group” of civil litigation, with its existing institutional environment, and can achieve its System is expected, should not be abolished. However, the system of extension of the civil jurisdictional punishment is subject to the absence of the system of illegal punishment and the excessive abstraction of the reasons for the extension of the trial. There is a regulatory vacuum, which is extremely prone to judicial corruption and impedes the improvement of judicial efficiency. perfect.