Study Of Civil Jurisdiction

This is the first paper in our country for doctor degree that studied systematically the civil trial power. Taking the important thought of "the Three Stands-for" by the General Sectary Jiang Ze-min and the working subject of "Justness and Efficiency" of the People' Courts for the 21st century for the guide, combining with the practice of the reform of civil trial system which is going on in China, the writer , by means of comparative and historical study, held that the forming of the civil trial power in our country should reflect the new "Convenient- to- Both Principle" that is going along with the era; that is, the principle of "not only convenient to take advantage of the procedure system by the party, but also convenient to exercise the trial power independently and impartially by the People' Court . "To study systematically the civil trial power is not only of very important theoretical value, but also of great practical significance under the present backgrounds of carrying on the reform of the civil trial system. As we know, civil trial power is a very important part of the trial power system in a country, at the time of "Administrating the Countryby Operation of Law" and constructing the socialist market economy, it can be said that whether the civil trial power can be exercised legally, independently, impartially and appropriately or not will have to do with directly the realization of the administration of law and the construction of the socialist market economy. But, due to the affection and restriction of historical, traditional and many other factors from subjective or objective, the effect of our exercising the civil trial power before is not so satisfactory. Although circles of both the theory and the judicial practice have been conscious of these problems, and had begun to reform the civil trial style boldly and ail-roundly more than 10 years before, owing to lack of systematical theory and the conformity of the system; the result is that not only some of the reform doings haven' t achieved the reformers' original intension, but also due to too much roundabout course the reform itself has taken, the result is that the reform cost rose and a great deal of judicial resources wasted. It should be said that the essence of any reform is to re-dispose the power and to bring forth new ideas of theory; otherwise situation of "feeling the stone to get across the river" and "doing at everybody' s will" is to occur. The carried-out reform of the civil trial style fromcourts all over the country has indisputablely ratified this. Upon this, the writer himself, to take his own meager knowledge , try to search for some rational internal cores for the reformof the civil trial style, civil trial system, civil proceduresystem and even the whole judicial system, from the source of 5the theory and system , that is ,the "civil trial power .The text of this thesis consists of 2 parts .altogether 6 chapters, about 130,000 words. The first part was to give a general study of the civil trial power, consisting of the first, second and third chapters. The first chapter was titled"Positive Study of the Trial Power" , the second chapter" Guiding thought to Renew the Idea of the Civil Trial Power" , and the third "Practical Guarantee to Exercise the Civil Trial Power Independently and Impartially: Profession Morality of the Trial Subject" . The latter part was to illustrate one by one the basic parts of the civil trail power, consisting of the fourth, fifth and sixth chapters. The fourth chapter was under the title of "Fact-Affirmation Power" , the fifth"Law-Application Power" , and the sixth"Proceeding-Direction Power" .In the first chapter "Positive Study of the Trial Power" , beginning with the basic meaning of the civil trial power, thewriter gave a brief clearance of the historical development sequence of the trial power; and upon this, he gave his own opinions about the system guarantee and reform of the moving of the civil trial power. He viewed that as for...