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The Civil-trial-level System To Improve

Posted on:2009-08-22Degree:MasterType:Thesis
Country:ChinaCandidate:T T LiuFull Text:PDF
GTID:2166360278471157Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Trial-level system of a country's judicial system is an important part of the proceedings relating to the concept of choice to set the trial level, the agency tried to set the authority and functions such as the Civil Procedure from the perspective of the system, once the trial-level system confirmed, so the overall framework of the civil proceedings will determine the structure. As a result, the trial-level system is set up science, to a large extent determined that the entire system of civil procedure is scientific and rational. Throughout the West developed a system of pre-trial level, combined with China's judicial practice, we can see that our current level civil trial system reform is a must. In this paper, the theoretical study on the basis of the combination of China's judicial practice, the civil-trial-level system was discussed. The article is divided into four parts.Part I, would like to say that China's trial-level and administrative level are two different concepts, to correct people's misconceptions. On this basis, and then elaborated on the meaning of the trial-level system. And then from the justice and efficiency point of view leads to the idea of trial-level system. Second, from the state ought to be elaborated on China's civil trial system-level functions and values.Part II, the Western developed countries (Germany, France, Britain and the United States and Japan) of the trial-level system, and summed up the level of foreign civil-trial system, the general principles with a view of China's civil trial reform of the system-level reference.Part III, a view of the old trial-level system, pointing out that China's current system of pre-trial level. Below for the specific design of the trial-level system of bedding.Part IV, the full text of some of the key. First of all, illustrates the construction of China's civil-trial-level system should follow the basic values and, secondly, the trial-level reform of the system will have to put the functions of the division of the Court, the article discusses the functions of the court's jurisdiction and determine the division of labor, which is to improve the specific instance A prerequisite for the system. Finally, concrete building three envisage a final trial for the principle of multi-level system for instance.
Keywords/Search Tags:Trial-level system, Justice and efficiency, Three of Final Appeal
PDF Full Text Request
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