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On The Civil Focus On The Development Trend Of The Hearing

Posted on:2007-11-05Degree:DoctorType:Dissertation
Country:ChinaCandidate:L H SuFull Text:PDF
GTID:1116360182991391Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Nowadays, the purpose of the civil procedure is not only limited in the conventional idea to find fact to implement the parties'substantive interest, but also to pursue the procedural interest for the parties to get speed and economic trial. The trend of the legislation in many countries, the parties prosecute civil action must follow the principle of good faith and bear the obligation to find true fact. Violation of such principle or obligation shall assume some legal effects. In order to reasonable distribution the judicial resource, achieve the economic litigation and protect parties'procedural interest, during the civil action, every party not only owes other party an obligation of good faith, but also has public law obligation to assist the court for speed trial. Therefore, it is an affirmative duty for the party to promptly proceed the civil procedure.In the past, the procedure in the civil action is much more liberal, but in practical, this results civil procedure random and inefficient, evidence can be produce suddenly, the first instance procedure becomes empty. In recent years, most countries amend their civil procedures to adopt the principle of timely produce the evidence and intensive trial. In pretrial procedure, by the way of pretrial conference, the parties and the court may schedule for collect and produce the evidence, arrange and fix the issues. Then the trial procedure can concentrate on such issues and evidence to investigate and argue. Under the intensive trial, the parties'dispute can be solved in one time. The thorough preparation before trial is the critical element for the success of the intensive trial. In order to fulfill the jurisprudence of the parties'right to select the procedure, respect the parties'procedural determination, vest the parties the right to choose the procedure to pursue their procedural benefit. In the pretrial stage the adoption of timely produce of evidence and the formulation and simplification of the issues are the essential steps for the intensive trial. Documents are the most essential and popular evidence in civil procedure. Basing on the constitutional protection for equal use of the information and the legal right of hearing, and the parties'obligation to explain the issue on the contest, the person who hold the document has the burden to produce, this is to promptly proceed the civil procedure to achieve the aim of intensive trial.Enhance the pretrial procedure and encourage the intensive trial are the important subjects of civil trial reform. This thesis discuss the issues relating to the civil intensive...
Keywords/Search Tags:intensive trial, pretrial procedure, good faith, promptly proceed the civil procedure, discovery, pretrial conference, burden to produce evidence
PDF Full Text Request
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