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On The Reform Of The Form Of Our Civil Trial Again

Posted on:2003-12-15Degree:MasterType:Thesis
Country:ChinaCandidate:W S LiFull Text:PDF
GTID:2156360092960075Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The form of civil trial is the important content of civil trial system. There are many defections in our traditional civil trial form,and so the traditional one should be reformed. The goal is the justice and efficiency of procedure which the reform is seeking. this article is divided into four parts:Part â…  Setting up the meeting before trial. Nowadays it is the prominent featureemphasizing both preparation procedure before trial and the procedure of court trial in civil action of countries in the world. In our country the meeting system before trial should be set up in order to perfect the preparation procedure before trial. The meeting could settle some cases which are unnecessary to be tried in court, meanwhile, it could prepare for the other cases which are necessary to be tried in court.Part â…¡ Perfecting and implementing the burden of producing evidence system. Evidence is the core of action. It is the key of achieving justice and efficiency of civil action how to distribute efficiently the burden of producing evidence. And so perfecting the burden of producing evidence system should be regarded as a core of the reform of civil trial. The parties' burden of producing evidence should be strengthened . The limits and conditions should be limited stricdy of which the court investigate and collect evidence according to the duty or application of the parties. In addition, it is also necessary to set up time limit system of producing evidence.Part â…¢ Further to strengthen the function of coutr trial. The court would be required to implement open trial system concientiously. And the implementing open trial system should be regarded as a criterion which measures whether enforcing the law strictly be done or not. Strengthening the function of court trial requires more of Cross - examination and Attestation. In order to bring the function of court trial into full play and to improve the trial efficiency, the trial organization and the judicial committee system should be reformed, the adjudication power should be returned to the collegia! bench.Part â…£ About the reform of civil adjudication documents. It is also an absolutely necessary link of the reform of the form of civil trial. Its major point is writting the grounds of decision in detail.
Keywords/Search Tags:Reform of form of civil trial, Meeting before trial, Burden of producing evidence, Function of coutr trial, Adjudication document
PDF Full Text Request
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