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Study On Civil Pretrial Procedure

Posted on:2005-08-22Degree:MasterType:Thesis
Country:ChinaCandidate:Z W LiuFull Text:PDF
GTID:2166360155467668Subject:Law
Abstract/Summary:PDF Full Text Request
Foundation and consummation of civil pretrial procedure directly affects the equity and effectiveness of trying cases. From the developing trend of two legal families, they, based on their different culture histories and legal systems, build their featured pretrial procedures. And transfer from laying particular stress on trial procedure into the litigation mode of paying equal attention to pretrial and trial procedures. Pretrial procedure aims to avoid delaying litigation excessively, to fulfill the equity and effectiveness of litigation, and to assure the central trial in court. Pretrial procedure has many functions, such as: searching maximum evidence materials, clearing the disputes and evidence up, averting litigation assault, finishing the procedure of such cases with no dispute, and so on. As in our country we still don't have perfect pretrial procedure, such functions don't wholly show out. In judicial practice, excessively magnifying the function of exchanging evidence before trial and lacking a perfect system to cooperate with together result in an embarrassed situation that evidences before trial are constrainedly fastened and disputes are not so clear. How to change the present circumstance and build a suitable pretrial procedure for our country has been a confronting task in practical circle. This essay puts forward some prepositions to consummate pretrial procedure, by analyzing the pretrial procedure at present and consulting some successful and beneficial west countries.
Keywords/Search Tags:pretrial procedure, practical review, comparative study, consummation
PDF Full Text Request
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