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A Research On The Civil Pre-trial Preparation Procedure

Posted on:2007-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:H W JinFull Text:PDF
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The pre-trial preparation procedure is a series of legal proceedings of which the court accept the case, before holding a court and the parties and other persons involved in the implementation. Its function is to collate disputable point and fix evidence, to make the cognizance smooth, efficient, but also to resolve disputes with diverting cases function. Pre-trial preparation procedure is based on debating the principles and the principle of disposing as its theoretical support, and the partyism for the operating system environment and the relevant supporting rules are necessary conditions.Pre-trial system installed in civil proceedings is the common choice in most major countries. Either in common law system countries or in civil-law system countries, civil law would require a fairly good pre-trial preparation procedure. But our current civil legislation which stipulates that a "pre-trial preparations" procedures do not have the contents of collating disputable point and fixing evidence, in addition to the terms of the tendency to over-power that make our pre-trial preparation procedures functions decline. So our country's judicial practice makes a larger effort to reform the system and reconstruct the nation's pre-trial preparation procedure based on accepting some advanced West countries' rules.However, restricted by China's traditional litigation model and the relevant rules' poverty and deficiencies, the Supreme Court's the judicial interpretations build the pre-trial preparation procedures that are only a very rough framework, and the results of its litigation practice in the operating are not satisfactory. In this paper I compare and study of pre-trial preparation outside the civil system and inspect the reform on the judicial practice and development of the system of pre-trial preparations of the thread, try to improve our pre-trial preparation process to find a feasible path, and the corresponding theoretical ideas. The main ideas are: First, in building a well-prepared pre-trial procedures, we must first solve the problem of litigation patterns' change and the introduction of partyism litigation concept; Second, establishing the indicting and replying procedures and replying losing rights rules, which are suitable for China's national conditions; Third, redistributing the powers of judges and the parties and enhance the status of the main parties, further strengthen the parties' evidence-gathering capability; Fourth, reshaping our mediation system.
Keywords/Search Tags:Pre-trial Preparation procedure, Debatism, Collating disputable point, Fixing Evidence, Limitation for adducing evidence
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