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On The Court For Sentencing

Posted on:2007-12-10Degree:DoctorType:Dissertation
Country:ChinaCandidate:A S XieFull Text:PDF
GTID:1116360185472620Subject:Procedural Law
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From the perspective of civil procedure, the thesis is the first domestic article of doctor's degree amply investigating the system of rendition of judgment in court.The rendition of judgment in court (RJC) is the form of judgment and related legal system in which the people's court hear the civil cases in oral, direct and consistent trial, and immediately pronounce the judgment in court session or other forum with the characteristics of court trial. With the trial pattern featured with sufficient pre-trial preparation and intensive trial and under the guidance of coordinated litigation, RJC successfully clarify the division of labor between parties and the court, put emphasis on the interacted mechanism of civil dispute resolution, which could better cope with the practice in China.The theoretical study of the RJC is of great significance to both the theoretical foundation of civil procedure law science and the legislation, as well as enforcement of civil procedure rules. The Decision of the People's Court of China on Further Strengthening the Development of Basic People's Court emphasizes that "[the people's court] shall pronounce the judgment in court if the judgment of the case could be rendered in court, explain the laws, deliver written judgments in timely way which should be strictly consistent with the laws." The judiciary longs for the development of the RJC theoretical study, and the establishment of proper RJC system. On the basis of analysis on relevant theories and practice domestic and abroad, the thesis attempts to dissertate the profound theory of procedure law science embodied in RJC and put forward with some suggestions improving the RJC in China.The thesis is formed of introduction and text composed of five chapters, mainly discussing the following subject matters:Chapterl Introduction: mainly explaining the motivation for choosing the topic of the thesis and analyzing the theoretical significance of the study.Engaged in civil trial practice since graduation from university, the writer has experienced and added fuel to the fire of the developing process of civil trial pattern reform. In the course of theoretical research and trial practice, the writer realizes there is a fundamental system without correspond attention, seldom dipped into in field of theory research and frequently avoided in field of practice: the system of RJC.Trial session is the central part of litigation, in which, the RJC portion is the most cliff-hanging part, attracting the attention of the parties and sitters-in, adequately reflecting the judicial authority. Therefore, RJC takes a very important position in civil procedure, acting not only as subject of procedural and trial art problems, but also the reflection of citizen's exerting constitutional right of attaining civil trial, and the vivid portraiture of protecting human rights in civil litigation. Pushing forward the implementation of RJC in civil litigation is propitious to efficient regulation of social relation, attaining both the social and legal effect, thus the realization degree of RJC can be regarded as one of the standards judging the modernization level of legal...
Keywords/Search Tags:Sentencing
PDF Full Text Request
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