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Korean Pretrial Procedure And It's Significance To Chinese Pretrial Procedure

Posted on:2007-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:M J PuFull Text:PDF
GTID:2166360185480718Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Pretrial procedure is an important part in civil procedure, which ensures the hearing to be held smoothly and the case to be trialed fairly and timely. And it is the point of reform too. From the development of other country's civil procedure, the same trend is focusing on not only pretrial phase but also trial. Basing on adopting the strongpoint of operating mode of other country, every country comes into being the pretrial procedure to according with the situation of the country. Under the background, Korea reform pretrial procedure in civil procedure which adopted in 2002. Finally pretrial procedure becomes the necessary procedure. In order to ensuring pretrial procedure can carry on smoothly, the doctrine of putting forward in the infinite time is substituted for the doctrine of putting forward proof in the limited time , the obligation of putting forward writ is extended .There is a pretrial phase in civil procedure law of the people's republic of china, but it is not a independent pretrial procedure. The rule doesn't work. Some Provisions on Evidence in Civil Procedures putted into effect in 2002 define actually, the scope and condition of evidence investigated and collected by court. It defines the time of putting forward proof and the exchange of proof. The rule complete pretrial phase. However, the content of pretrial phase in china is thin, the validity of it is uncertain. If the case trial after the prepare activity isn't full, the result should be trial in court repeat with litigation surprise attracts. And it also reduces the litigation efficiency and can't ensure party's justice. In view of the successful reform of the pretrial procedure, the author studies the reform of pretrial procedure in china. We should pay same attentions to the trial procedure and pretrial procedure, insure the independent status of pretrial procedure, establish obligatory defend system, emphasis on the parties'evidence investigation, complete losing the right etc.
Keywords/Search Tags:pretrial procedure, Korean pretrial procedure, cleaning proof
PDF Full Text Request
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