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Research On The Legislation Of Civil Pretrial Procedure

Posted on:2011-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhangFull Text:PDF
GTID:2166360305961036Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Civil Pretrial Procedure is one of important parts of the whole proceedings, It has important independent function and subfunction, such as evidence exchanging and points of dispute finishing for court procedure, civil dispute settling. Pretrial Procedure has a unique value for ensuring Justice and improving efficiency of Civil Procedure. As Civil Pretrial Procedure has been neglected by the legislative, judicial or legal theory institute for a long time, so It has not been established the strict sense of the pretrial procedures. But the civil procedure law only looks upon pretrial procedure as all preparatory work for the smooth of the trial,and it does not reflect the pretrial procedure that itself has three major function such as points of dispute finishing,evidence fixing and civil dispute settling, and it also does not reflect that pretrial procedure and trial procedure are interrelated and mutually constraining relationship with independent value. With the deepening and development of trial reform, the value and significance of pretrial procedure display the necessity and inevitability of its emergency which accompany with aiming at achieve justice and improve judicial efficiency goal. This article is drawn up starting with the name and the related concepts, making clear that civil pretrial procedure's function, and through investigating the advanced pretrial procedure of the abroad and analyzing the strengths and weaknesses of our pretrial procedure in order to find a way for building perfect pretrial procedure in China.This article divides into six parts, altogether six chapters. The first chapter is an introduction, mainly concerns the research background, the significance, the content and the method. The second chapter is an overview and function of civil pretrial procedure, mainly defines the names and definitions of civil pretrial procedure, and proposes an accurate name and concept, summarizes the characteristics and functions of civil pretrial procedure, which in order to provide a theoretical basis for civil pretrial procedure existence. The third chapter on pretrial procedure legislation comparison in Two Legal system countries for our country legislative consummation provide the reference from the basis. The fourth chapter carries on the analysis to our country current law and the related judicial interpretation, and proposes the cause of pretrial procedure existence. The fifth chapter examines the procedure existence flaw and provides the proof and the argument for the next chapter of legislative consummation. The sixth chapter is based on the front elaboration, elaborated that the author's concrete ponder to constructing our country civil pretrial procedure.
Keywords/Search Tags:pretrial procedure, function, defect, legislative consummation
PDF Full Text Request
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