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Function Of Pretrial Preparation Procedures

Posted on:2011-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:L LiFull Text:PDF
GTID:2166330332469127Subject:Law
Abstract/Summary:PDF Full Text Request
With the fact that civil reform of adjudication methods voice moving from peak to peak, the lawsuit examining among them about reforming our country, in the front, preparation procedure is shown solicitude for broadly also by theory boundary. That the lawsuit tries front procedure is a relatively independent procedure in the lawsuit , is the important prelude ensuring that court hearing proceeds as planned and without a hitch , help ascertain the view competing for point , locking evidence , the high limit field being self collecting evidence , promote compromise and economize judiciary resource, improve judiciary efficiency to such an extent even ultimate and boost judicial fairness coming true, a important legal action stage in being a lawsuit. Trying front procedure and court hearing procedure has been to pay equal attention, than and composing entire judicial procedure, but our country lawsuit system has stipulated that subsidiary Yu Ting tries procedure's only "bringing former preparation ", and our country to trial at present lawsuit preparation procedure is also to store some defects's. Ought to say , civil the "filter" trying front procedure be called in the lawsuit be to handle law case and "compression release valve". Flexible law of lawsuit has decided to try the certainty that front there exists in preparation procedure , it's entrance lawsuit convenience has implied the starting trying front preparation procedure disregarding simple law case be still complicated law case. Trying the major objective setting up former preparation procedure , the person disregarding what to interpose all is the realization for court hearing target. Owing to that procedure demands impartial and open,that law sets up some kind of specially appointed forms and procedure coming to restrain a judge's bringing behavior to trial is necessary , this form and procedure are to try a case. Fundamental modern lawsuit legal principle is that the judge ought to pass the information material being known to the public , gaining to trial in court in connection with law case , whose victory forming the law case interested party on joining here basis whose negative ultimate conclusion, examines for the centre namely with the court. Judge the interested party and makes need known to the public to, self's words, brings to trial for one time merely all together therefore court hearing should pass as far as possible but ends directly. Then examine preparation procedure base has produced the existence certainly needing here in the front. "The complete court brings the dispute becoming an ideal to trial readily + for one time merely all together in the front" resolving a pattern. Trying ultimate front preparation procedure purpose all is centralization for realization hear that, the legal action avoiding an interested party strikes at, efficiency improving court hearing. Since trying front give first place to activity of the interested party in preparation procedure,that judicial authority takes owing a stage less put in as court hearing has saved large amount of manpower and material resources , has had a general comparison , been efficient. The main body of a book in examination civil try front preparation procedure, on the basis analysing the person setting up the decree and the legal action value function carefully, currently civil thorough self-criticism our country the current situation trying front preparation procedure and their abuse, and to trying investigation and discussion prepare stage what middle comes across a brief ascertaining problem , jurisdiction disagreement problem such as problem and service in the front , trying front procedure reformation to our country lawsuit and providing a reference to the idea trying front preparation procedure.
Keywords/Search Tags:Try front prepare, The brief is ascertained, Jurisdiction disagreement, Service problem, Reform with idea
PDF Full Text Request
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