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The Study Of Civil Litigation Pretrial Procedure

Posted on:2005-10-28Degree:MasterType:Thesis
Country:ChinaCandidate:Q QinFull Text:PDF
GTID:2156360122986228Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Civil litigation pretrial procedure is an important part of the whole civil litigation procedure. And it means a series of preparing work from accepting and hearing a case to opening a court session taken by the court, in order to find out the case, collect evidence and make the civil case fit for opening a court session. It carries the basic function of finding out the pleading and replying, comprehending the case, knowing the condition well in order to make the civil case fit for opening a court session.Our country has controlled it in the original adjudication method that the civil economic administration of justice is practised for a long time, but phased difference is not very obvious on this concept of " preparation before trying and opening a court session " . In our country's civil judicial practice, the judge accepts the case and investigated and collected evidence , finds out about the situation to the party and other people at the deepening scene after going over examination papers, hold details of the case and form solution through activity these, judge give both parties is it work by trying and conciliating and winding up the case to make actively. The formal one holds a hearing is just a form in order to make the judgement with a result being made clear and mediated the situation without function completely. The judge does not mainly assure the details of the case through the formal litigation procedure, the litigation procedure don't have an essence meaning, even to have a possibility that the litigation procedure is handled to go on centralizedly and in succession. " holding a hearing " in the essence meaning has not existed , the ones that do not exist as to " try " either have been " prepared " naturally.In the 1990's, our country established socialist market economic system, thereform of the civil trial pattern has become an urgent need day by day . But because lack of the and the grounds in both theory and leyislation, the reform measures course are lack of property and order. And even more, the core of thereform--the problem of evidence has become the bootleneck because lack ofregulation in law for a long time. In December 2001,under the promote of both the academic circles and practical circles, the Supreme people's court work out "Certain Regulations About the Civil Action Evidence". This regulation stipulate the evidence problem in/connection with the reform exhaustively and clearly at the first time. In consideration of this, the author think that it has satified the essential requirements to build a independent civil pretrial prcedure. This article will starts with comparison research and through the introduction of the preparatory procedure of the representative countries to get the conductive suggestion for the structure of our country civil preparatory procedure.
Keywords/Search Tags:civil action, preparatory procedure, discovery comparison research, procedure construction
PDF Full Text Request
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