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Study On Pretrial Procedure

Posted on:2009-07-01Degree:MasterType:Thesis
Country:ChinaCandidate:X H LiFull Text:PDF
GTID:2166360272471988Subject:Law
Abstract/Summary:PDF Full Text Request
Pretrial Procedure is the important part of civil proceedings and the leading part of judicial reform especially the reform of civil trial patterns. However, Pretrial Procedure has been in disorder for a long time. The theory creation still stays learning from other countries which leaves the research space of this task.As a researcher in judicial practices, I focus on the rightfulness and efficiency of Pretrial Procedure. The inner impetus of my research is to design a right and efficient procedure and problem-solving pattern. Therefore, by the statement of the concept of Pretrial Procedure, I want to make it clear that Pretrial Procedure should have its unique value and this research has its practical significance in judicial practice.Based on this, the Pretrial Procedure of Britain and America legal systems and continent countries legal systems will be presented, as well as their common points and difference. There is much thinking of the author though learning from other research results. The current situation of Pretrial Procedure and its reform course and its limitation will be introduced in the thesis, and more emphasis on the three patterns of Pretrial Procedure with the goal on the analysis of the three patterns of inclusive cases, pretrial court, and trial court. This part is from the writer's long-time practice with strong realistic pertinence.Reflections and criticism are for the reform and perfection of Pretrial Procedure in China. The author believes the reform of Pretrial Procedure plays a very effective role in the promotion of procedure rightfulness and lawsuit benefits. There needs supplement and perfection other than reconstruction. The author puts forward the four cardinal principles to abide by and gives a concrete idea to perfect Pretrial Procedure from three aspects, which is the most important part of the thesis. The four cardinal principles and the concrete idea are the further tempt and exploration based on the former researchers' research results and also are the supplement of others research. The selection of patterns, which embodies the unique thinking from others, bears the most practical significance and most valuable theoretical creation in this thesis.
Keywords/Search Tags:Pretrial Procedure, comparative study, current situation, perfect, conception
PDF Full Text Request
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