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Research On Civil Pretrial Conference

Posted on:2009-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:T T XiaoFull Text:PDF
GTID:2166360272490014Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Recently, both Anglo American laws and Continental laws are carrying through the civil justice reformation, so is our country. The country take more and more attention on the course and development of civil justice reformation, and as the most importance part of civil justice reformation, civil judgement reformation attract the most sight. In the 20th century 90 ages, the importance of civil justice reformation turn into conceiving Pretrial. In the 21st century, the exploration of pretrial conference is to be more and more attached importance. This paper reviews foreign advanced ideas and system designs, and reviews the manipulation system of pretrial conference in USA to make benefits to the reconstruction of Chinese pretrial conference.Except for the preface, the conclusion, the full test divides into five chapters:The first chapter summarizes the pretrial conference form basic signification, historical evolution and function. The pretrial conference pass through four phases, its function become development and perfection.The second chapter reviews the manipulation system of pretrial conference in USA. Introducing the manipulation system of pretrial conference in USA form complex litigation in Federal Judicial Center. It includes the first conference, sequential conference, ultimate conference and sanction.The third chapter discusses the design of pretrial conference in China at the theory and practice. In theory, discussing the necessary and feasibility of conceiving pretrial conference in China from four part: lawsuit value, lawsuit system, lawsuit function and lawsuit function. In practice, introducing the experiment of prejudication judge, pretrial conference and judge assistant.The four chapter discusses the concrete course of conceiving pretrial conference in China. The discussion is from confirming the character of pretrial conference reasonably, definitizing the applicable range of pretrial conference, affirming the prejudication judge presiding the pretrial conference, establishing the times and content reasonably and perfecting the intermediation in pretrial.The five chapter disserates the copulate measure of conceiving pretrial conference, such as pleading, discovery and judge's power of interpretation. Ant than, the three systems copulate each other, come into being perfect pretrial.
Keywords/Search Tags:pretrial conference, pretrial
PDF Full Text Request
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