Research On The Arrangement Of Issues In China's Civil Litigation

Civil Litigation Issues are the focuses of disagreements concerned with a certain civil case. The arrangement of issues in civil litigation is the logically clarifying and compressing of the disagreements, make the trial more efficiency and become reconciled after knowing the details of a case. "No issues, no trial." The issues arrangement makes trial centralized by ascertaining scope of the trial and simplifying and fixing focuses of disagreements of interested parties. A high quality arrangement helps the both parties back to logical reason so that they can become reconciled finally. It also helps the judge and parties to forecast and plan the process of litigation, prevent the parties put forward evidences suddenly and the judge abuse the power.Traditionally, China's civil trial follows the mode of the judge's active investigation and intermediations in which the judge is in charge of the arrangement of issues. The parties are the objects the judge persuades. In the 90s of last century, in the civil trial reformation the ignorance of transformation of issues arrangement caused much confusion: the trial has characteristics of interruption and inversion; the parties and commonalty are suspicious of justice of results of trial because judge is transformed passively and parties are short of capabilities of arrangement of issues.Based on comparison analysis and codex analysis, referenced British, The United States, Germany and Japanese process of arrangements of civil issue, this dissertation analyses and comments on China's present legislation and judicature of arrangement of issues in civil litigation, and promotes a new framework of china's arrangement of issues in civil litigation. It consists of instruction, main body and conclusion.In the introduction section, the author introduce briefly the issues and arrangement of issues in civil litigation issue arrangement based on the problems with regard to researches on arrangement of issues in civil litigation. The author illustrates its research methods and the main structure of the dissertation, as well.The main body of the dissertation consists of three parts:The first part of the main body is "the overseas angle of review". On the scholar's judgment that there should, at least, exists some certain universal trial modes in the settlement of civil dissension concerning economy activities, exists a common set of standards that can be reference for our system construction, the dissertation, consulting the two typical arrangement process of issues in civil law family and common law family , which employed in Britain, United States, German and Japan, has done a great deal of comparison analysis and found the source that can be used for reference for China's arrangement issues in civil litigation.The second part of the main body is "the domestic angle of review." The dissertation has done a comprehensive study on legislation and actuality of China's present arrangement issues in civil litigation by the means of codex analysis, and then points out the questions and the reasons.The third part of the main body provides the author's hypothesis on new framework of China's arrangement of issues in civil litigation and the possible way and measures. The author improves the arrangement process of issues form the bodies, process and the force, and then introduce the assistant institutions of the arrangement of issues briefly.In last section, the dissertation has done a conclusion which the process of arrangement of issues run effectively related to the development of law career market, so we should distribute the judiciary resources reasonable and reinforce the use of ADR to counteract the tampering with the disadvantages of the law career market.