随着经济的发展，人们权利意识的增强，越来越多的案件将被诉诸司法，这一定程度上增加了法院的压力，因此，司法效率的追求也成为一种趋势。当人类进入二十一世纪，最高人民法院提出了“公正与效率是人民法院在二十一世纪的工作主题”，足见人民法院乃至法学界对司法效率的呼声。其中，民事决定在效率方面就发挥着重要的作用。它是人民法院裁判方式的一种，专门解决诉讼过程中有碍诉讼进程的特殊事项，保障诉讼的正常、迅速进行。民事决定制度的设立，反映了法院在追求诉讼公正的同时，兼顾诉讼效率的理念。但是，在民事决定制度实施至今，却出现了许多问题。诸如：由于长期受重实体轻程序思想的影响，民事决定的性质一直摇摆不定，甚至出现了“行政决定”的观点；立法粗疏，决定作为民事诉讼程序的一项制度，无法保障程序公开；当事人的主体地位无法保障，程序参与权缺失，不能及时甚至无法实施陈述、举证等基本诉讼权利；复议制度作为一种程序救济方式，无法宣泄当事人或利害关系人的不满等等问题，决定制度并没有真正起到司法效率的作用，反而引起人们对此项制度的质疑。为此，法学界就有了废除民事决定的呼声。但本文认为，司法实务运作与民事决定制度设计初衷的反差，并不能说明决定制度本身不具有效率的特征。一项制度只有在不断的运作中发现问题，并做出有针对性的调整，才能更加完善，发挥其应有的价值。为此，本文将在民事决定的废除与否中展开探讨，并提出民事决定是国情之需要，进而对现存的决定制度提出一些建设性意见，比如：明确民事决定是“诉讼决定”，具有诉讼性，理清民事决定的适用范围，改变其长期以来与裁定适用范围模糊混乱的状况，明确当事人或利害关系人的诉讼权利，确定民事诉讼的检察监督制度，为决定制度“步入正轨”设定多重保险，以便更加保障当事人的程序权利，在实现诉讼公正之目的之前提下，提高司法效率。

With the development of economy and the raise of people’s right awareness, more and more disputes are sued to courts and the burden of work is increased accordingly. For that reason, there is a trend of pursuing judicial efficiency. After entering the 21st century, the Supreme People’s Court advocates that the impartiality and efficiency are the themes of courts in 21st century which conveyed the strong voice for judicial efficiency from courts and the legal community. In this regard, the system of civil decision plays an important role which is one of the means of the judgment of People’s Court applied in the specific instances to ensure the smooth and swift progress of the suit. The establishment of the system of civil decision reflects that the courts pay attention to the judicial efficiency while pursuing the judicial impartiality.Nonetheless, there are quite a lot of problems since the implement of the civil decision, for instance, the ambiguousness of the characteristic of civil decision which is effected by the heavy entity light procedure thought and even promote the occurrence of perspective of Administrative Decision, the roughness of legislation of civil decision as one part of the civil procedure which impede the procedural publicity, unprotected position of main parties which due to the lack of participatory rights in civil procedure and basic litigious rights such as the rights to present statement and submit evidence, and the dysfunction of the system of reconsideration as one of the procedures for remedies to release the dissatisfaction of main parties and interested parties. Since the system of civil decision did not work ineffectively in promoting the judicial efficiency but caused the challenges, the voice of abolishing the civil decision appears in the legal community.However, the author hold an opinion in this thesis that the discrepancy between the judicial practice and the original intention of the establishment of civil decision should not lead to the conclusion that the system of civil decision is lack of the characteristic of efficiency. A system can only becomes more perfect and performs its valuable function in the way of finding problems through constant practice and making adjustments accordingly.Therefore, this article addresses the issue of whether or not to abolish the system of civil decision and makes its point that the system is based on the actual condition of China, as well as proposes some constructive advices to prefect the present system, such as to define the civil decision as litigant decision which has the characteristic of litigation, to define the range of application of civil decision to end the confusion with the application of ruling, to explicit the litigious rights of main parties or interested parties, to establish the system of civil prosecutorial supervision, and to design a multi-insurance system to guarantee the smooth work of civil decision at the aim of ensuring the procedural rights of parties and increasing the judicial efficiency while realizing the judicial impartiality.