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Research On The Construction Of Domestic Civil Pre-trial Procedure

Posted on:2007-10-24Degree:MasterType:Thesis
Country:ChinaCandidate:D X ZhuFull Text:PDF
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With the social development and the gradual deepening of market economic system and constantly enhance the legal concept of people, the emergence of a large number of civil disputes tells us that "litigation explosion" era has quietly appeared fact. However, faced with a fair, judicial justice has been operating with a low efficiency of state trials, a large number of civil disputes emerged with the low efficiency of existing judicial resources between the civil determined that we actively construct the necessity of pre-trial procedures. Second, the expression of the concept of pre-trial procedures, the civil law of different countries in the world. In order to highlight the pre-trial procedures to Construct the independence, this writer that the use of "pre-trial procedures" formulations would seem more appropriate and can do are to summarize the nature and main characteristics "of pre-trial procedures should be a solution civil disputes of self-sufficiency class action litigation procedural style, possess the dispute resolution needs of all the procedures element, its is not dependent on other procedures rely solely on the their own structure, they will have the ability to solve the civil disputes, litigation are the purpose and tasks, with the court trial procedures together built up a a the integrity of the process of settling disputes in flow. A system design and construction of a procedure to have their own legal function. The law as a legal function is social norms are inherent in the performance or function. And specifies indisputable, and the fixed exchange evidence and filtering controversy, promoting reconciliation, constitute a civil court to resolve the dispute before the three basic functions of pre-trial procedures. Then, from the point of view of jurisprudence, civil pre-trial proceedings with the basic values of effective procedures and procedural justice. First, the entire process of pre-trial procedures, which require both sides to be heard before the exchange of documentary evidence, and put forward proposals based on the full and effective advocacy and evidence of the failure effect. Such a procedure designed to curb lawsuit attacks the better, litigation skills and the ability completely change the outcome of the lawsuit decided that the current situation with the pursuit of the goal of procedural justice, ensure the stability and fairness of the judicial proceedings; Second, the pre-trial proceedings in civil proceedings in the lower economic costs. Pre-trial procedures for carrying the civil trial procedures in preparation for the function, the court fully prepared to greatly enhance efficiency and reduce the number of trial; Tried to save time by greatly reducing the economic costs...
Keywords/Search Tags:Civil Action, Procedure Before Judgment, Justice, Efficiency
PDF Full Text Request
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