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Research Into Civil Pretrial Procedure Mode

Posted on:2012-01-24Degree:MasterType:Thesis
Country:ChinaCandidate:L Y LiFull Text:PDF
GTID:2166330332497771Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The pre-trail procedure is very important as a part of civil litigation procedure. In recent years, The pre-trail procedure is our country civil procedure scholars'attention. Ten years of research and exploration of our scholar made great achievements, but today in the awareness of some problem still haven't been able to agree on some opinions, even the use of concepts, also seem to be some confusion.This article discussed related problems from the perspective of pretrial procedure mode.This article mainly include the following aspects:The first chapter is a summary of the pre-trail procedure.This chapter first stated the concept, the value and the function of pretrial procedure. Civilian pretrial procedure's value is to find objective facts.achieve litigation justice and ensure the efficiency of lawsuit. Its main function is clear up issue and fixed relevant evidence.In some cases, the dispute can be resolved by other means. Civilian pretrial procedure provided the implementation platform for the realization of the function. In addition, this chapter defined civil pretrial procedure mode, made clear that main elements and contents elements is the basic elements of civil pretrial procedure mode. Main elements discussed that who is responsible for leading and implementation of pretrial procedure; Content elements discussed that how to distribute dominant right between the judge,the parties and their agents.The second chapter basically state the basic mode type of the pre-trail procedure. Main elements of civilian pretrial procedure included trial judge mode, the judge assistant mode and pretrail judge mode. This paper analyzes the connotation of three modes, and made some comparison of three modes from relevant perspective. In addition, Content elements of civilian pretrial procedure included the parties dominant model and the judge dominant mode.The article introduces the American pretrial procedure. Relevant system of France and Germany civilian pretrial procedure is also introduced.The third chapter focused on the choice of mode in our country. This chapter summarizes the pre-trail procedure mode suitable for our country combined with lawsuit idea and legal tradition in China. Our civil pretrial procedure should adopted the trial judge mode in the respect of main element. Content elements should abandon the mode of pure party dominant mode and pure judge dominant model and adopt the synergy doctrine mode in which the parties and the judge assist each other. This paper corrected the wrong ideas about trial judge and analyzed the advantage of the synergy doctrine mode. In addition, based on the trial judge mode and synergy doctrine mode, the author thinks that in order to better realize pretrial procedure's value we should perfect the judge cohabitancy system and evidence exchange system. In addition, wo should establish pretrial meeting system.
Keywords/Search Tags:Civil Pretrial Procedure, Pretrial Procedure Mode, Trial Judge Mode, Synergy Doctrine Mode
PDF Full Text Request
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