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On The Exercise Of Judge's Power To Clarify In The Pre-trail Preparation Procedure In Our Country

Posted on:2008-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y XiangFull Text:PDF
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The pre-trail preparation procedure can guarantee the court hearing is fair and effectiveness, and avoid the procedure will be hung up. Judge's power to clarify is advantage to direct the civil procedure and carry out fair and efficiency. Either the pre-trail preparation procedure and judge's power to clarify are both in order to achieve the goal of civil procedure.Our country is changing the mode of civil procedure to principle of cooperation. It refers a mode of civil procedure that judge and parties or among parties to promote procedure in common. And only under the mode of principle of cooperation, judge's power to clarify could bring into play it's role plenary in the prepare procedure before trial. So, to establish the power to clarify of judge has realistic meaning in the pre-trail preparation procedure with the change of our country's procedure mode.To exercise judge's power to clarify of judge in the pre-trail preparation procedure should insist on the principle of necessary and moderate, the principle to reach the truth mean of parties, the principle to keep with the justice of procedure and substance. In the aspect of main body should insist the separation of court hearing judge and preparation judge and this separation mainly apply to the common procedure. The main content that the civil procedure in the pre-trail preparation procedure include that to clarify about lawsuit request and proof material. Parties are able to obtain relief when take place unmerited clarify and can raise objection and appeal, also possess the power of action for damages.To set up judge's power to clarify in the pre-trail preparation procedure must establish corresponding auxiliary measure, include to perfect the pre-trail preparation procedure, draw up the law for the power to clarify of judge in pre-trail preparation procedure and create more highly skilled judge in order to speed up the process of judge professionalization.
Keywords/Search Tags:Civil procedure, Pre-trail preparation procedure, Judge's power to clarify, Principle of cooperation
PDF Full Text Request
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