Translated by: Ermat

Image Source: Gnews

The U.S. civil litigation system has evolved over two hundred years and has become a global model. It fully embodies the value goals of liberty, fairness, and justice given and guaranteed by the U.S. Constitution. Procedural propriety is the prerequisite for every civil litigation system to realize its value. The defense system and the jury system are the “soul” of the American civil procedure. The demurrer is a comprehensive reminder of the facts of the case. The jury can find the facts of the case more objectively. The “facts” are the only basis for a fair verdict, and they “revitalize” the role of the code, the jurisprudence, and the judge.

Adversarialism, also known as partyism, means that the parties must initiate the proceedings and other ancillary procedures themselves, and bear the burden of proof. Both parties have the right to present their own evidence and deny the other party’s evidence in any way permitted by law. The judge should be a neutral party in this process, giving both parties equal rights to present and cross-examine evidence. If a judge restricts one of the parties from exercising its right to present or cross-examine evidence, he or she is essentially depriving that party of its legal right to litigate, which is a violation of the law.

The jury system, not only is a judicial system, but also a fundamental right granted by the Constitution. Article VII of the U.S. Constitutional Amendment provides that “the right to trial by jury shall be protected in suits at common law, where the amount in controversy exceeds twenty dollars.” Federal District Court Rule of Civil Procedure 38(a) provides that “The right of trial by jury conferred upon the parties by the Seventh Amendment to the Constitution of the United States, or by other designated laws of the United States, is sacrosanct.” It is unconstitutional for a court to abuse its discretion in denying a party’s right to a jury trial without just cause when the party has requested a jury trial as a matter of law.

In civil litigation, if a party’s demurrer is unlawfully restricted and the right to a jury trial is denied without just cause, then it is clear that the judge and the court have violated the law and are unconstitutional. Under this premise, all rulings made by the judge against the party whose rights have been restricted and denied in that civil action are invalid. If the procedure is illegal, the function and value of the entity cannot be realized, therefore “illegal is invalid”. Without procedural fairness, there can be no true justice.

As U.S. Justice Douglas said: It is procedure that determines much of the difference between the rule of law and the arbitrary or capricious rule of man, and firm adherence to strict legal procedures is the primary guarantee that we will achieve equality before the law.

Source:

美国民事诉讼的灵魂:抗辩与陪审