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Pre-trial Procedures Of The Civil Litigation Perfect

Posted on:2009-10-21Degree:MasterType:Thesis
Country:ChinaCandidate:X SunFull Text:PDF
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The intended pattern of our judicial fashion reform is to establish a sort of judicial procedure system that is just, public, democratic and effective so as to adjust to the need of rigid law-enforcement and judicial justice. To reach this goal, we must draw lessons from the experience of the adversary procedure judicial pattern, weaken the authority and role of the judge and consolidate the procedural right and role of the parties' participation in the suits. Therefore, the establishment of the pre-trial procedure has to entrust the litigate rights to the parties and ensure it to make the parties be the principal part of the suits. Meanwhile, we must entrust the authority of suit-organizing and trial-controlling to the judge, prohibiting one of the parties abusing his procedural rights, to guarantee both of the parties' rights, promote the efficiency of suits and realize the centralized trial of the cases. It is the perfect pre-trial preparation routine that can undertake this task. Under this circumstance, the author assesses our pre-trial preparation routine in the view of comparison law and put forward the opinions on perfecting our pre-trial preparation routine .This article consists of three parts:Part one is the current situation and analyses of our pre-trial preparation routine. In this part, the author lays emphasis on the problems of the bodies, function and efficiency of the pre-trial preparation routine.Part two is the comparison of the pre-trial preparation routine under different legislation patterns. In this part, the author introduces the characteristics of the pre-trial preparation routine under the litigate pattern of adversary procedure and accusatorial procedure, concludes their common characteristics and value, and bring forth the reference to perfect our civil pre-trial preparation routine.Part three is about the opinions of perfecting our pre-trial preparation routine. In this part, the author expounds the principals to perfect our pre-trial preparation routine, which are self-rule, suit contract and suit harmony. Then the author details the task and aim of perfecting our pre-trial preparation routine, and puts emphasis on demonstrating the opinions of the concrete systems to pre-trial preparation routine.
Keywords/Search Tags:Civil Litigation, Pre-trial Procedure, Perfection
PDF Full Text Request
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