On Brief Of Civil Case

The brief of civil case applies in the trial practice widespread, "The Stipulations on the Brief of Civil Case" implemented on April 1st 2008 has made the specific stipulations on the brief of civil case. Each civil case is first decided its brief when putting on record, then is assigned to the corresponding adjudication division according to the civil case's division of labor. The brief of civil case also has the decision which court has the jurisdiction to trial the case, instructs a judge of the application of legislation to some degree, and prevents the litigant to sue the second time and so on. This article attempts to introduce relative theoretical questions of the brief of civil case and analyzes the existent questions of brief of civil case, then proposes some measures to perfect the stipulations on the brief of civil case.The article is divided into three parts:The first part gives the overall introduction of the brief of civil case. This part introduces the concept and the basic characteristics of the brief of civil case, discriminates the brief of civil case from the civil legal relation and the subject matter of action, and then dwells on he significances and the relative theoretical questions when a brief of civil case is decided. Most important of all, the article discriminates the concept of the brief of civil case from that of the civil legal relationship and the subject matter of action to make a clear look of what is a brief of civil case.The second part introduces stipulations concerned on the brief of civil case by Supreme People's Court, and examines the close stipulations of some foreign countries. This part combs the stipulations on the brief of civil case by the Supreme People's Court in order of time, introduces the system of the brief of civil case adopted presently by our country and the related details of the brief of civil case stipulated by the Supreme People's Court, then makes the examination of the correspondent stipulations of some countries of he common law legal system and civil law legal system separately. Though there's no special stipulation on brief of civil case, the main characteristic of a civil case is to decided when to start a civil trail.The third part presents the existent shortcomings of the stipulations on the brief of civil case and suggests ways to perfect it. The article discusses the rationality and necessity of the Stipulations in our country from the view of our country' conditions and the relations between subject matter of action and the liability to make a claim, and proposes some methods to improve it from three aspects: the constitution, the system and the contents of "The Stipulations on brief of civil case".This article elaborates on the relative theoretical questions of the brief of civil case quite deeply, analyses the present questions of the brief of civil case microscopically and macroscopically, namely, the constitution and the system of it, then proposes some solutions to the questions boldly. For the first time, this article talks about the relative theoretical questions of brief of civil case thoroughly and presents the questions of it, then gives some suggestions to improve it.The deficiencies of the article are mat the theoretical discussion about the brief of civil case is not profound, some methods only have the embryonic form, incomplete and unspecific.