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Improvement Of China's Civil Pretrial Procedure Under Harmony Judicial Idea

Posted on:2011-09-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y YangFull Text:PDF
GTID:2166360305981394Subject:Civil Procedure Law
Abstract/Summary:PDF Full Text Request
From ancient to modern times, the conflict between justice and efficiency, reasonable and law, action oriented and multiple dispute resolution have never ceased. Harmony Justice is an important elements and legal safeguards of building a contemporary harmonious society, Harmony Justice idea is not only to resolve the conflict, but also is another innovative way for the reform of China's civil trial,it provides a orientation for creating synergies doctrine litigation model.With the way of the reform of the civil trial, it is imperative to build China's new civil pretrial procedure.Strictly,china's current civil pre-trial procedure is not an independent and complete proceedings, it is part of the procedure of the first instance, and is to prepare for trial exists. To a certain extent, the lack of independence of the value function of the pre-trial proceedings restricts the pre-trial process model settings. With the advance of the Reform of Civil Trial and proposal of the concept of harmonious justice, the importance of pre-trial judicial practice is fully recognized, reconstruction of pre-trial procedures is a priority. Through the analysis of traditional civil pre-trial preparation and the development of pre-trial proceedings in civil practice,this paper attempts to discuss detailly how to build a doctrine of pre-trial system in China.In addition to the introduction and conclusion, this paper is divided into three chapters.The first chapter outlines the basic problems of pre-trial proceedings. First, both from the extension and intension profound analysis of the concept of pre-trial proceedings, clearly distinction a civil pre-trial procedures and trial preparation and pre-trial preparation procedure, pointing out that this paper mainly discusses, relatively to court procedures, civil pre-trial procedures has independent value complete; Secondly, the independence of the value of pre-trial proceedings is from the theoretical basis for pre-trial proceedings - litigation fairness and effectiveness of the proceedings. Finally, the emphasis on pre-trial procedures for an independent dispute resolution function, not just as it a subsidiary of sexual function. Civil pre-trial proceedings has its substantial independence, and thus improves efficiency of the proceedings so that justice in the proceedings realizes earlier.The second part focuses on China's pre-trial proceedings in civil status and the related problem analysis. First, from the content of the hypothetical nature of functional unified, the main body of the unity of the three areas analyzed in civil pre-trial proceedings in China so that our country have not formed a separate pre-trial procedures; Secondly, the article is from our traditional civil trial litigation and existing modes of two in-depth analysis of China's pre-trial process causes the status quo, to point out the need for litigation from the perspective of the pre-trial procedures.In the third part, first of all ,the author disscus the pre-trial proceedings in civil mode of analysis, combined with our pre-trial proceedings in civil status and problems to be solved, points out that the traditional model of two kinds of civil litigation: the parties and terms of Marxist doctrine is no longer suited to contemporary China's actual conditions, courts at all levels are actively explore the harmonious development of both the promotion of social harmony and justice while protecting the environment, collaborative action mode; Secondly, the article is from both the judge and the parties, the synergy between the two parties both in-depth analysis, etc. And, the author describes the synergistic doctrine of pre-trial proceedings the allocation of competence between the Court and the parties, from the substantive and procedural preparations for the role of the shared focus on analysis, the Court made clear with the parties in pre-trial proceedings in the different permissions for the pre-trial procedures for the improvement of specific system provides a principled orientation.;And finally, the author mainly describes a few ideas about how to improve China's civil pretrial procedure: the establishment of interactive pleading; the establishment of evidence of loss right system; improvement of the evidence-exchange system; the establishment of a judge release system; construction of the mechanism of pre-trial diversion cases;...
Keywords/Search Tags:Civil Pre-trial Procedure, Litigation, Cooperative System
PDF Full Text Request
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