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Research On The Procedure Of Issue Arrangement In Civil Pretrial Procedure

Posted on:2011-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:G L LiFull Text:PDF
GTID:2166360332455215Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Arrangement of issue as an important system in pre-trial Procedure, many countries and regions all have the imprint of the judicial practice. However, due to historical traditions, cultural environment, social system, and so the impact of various factors, such a critical system has not yet settled in our country. My only point of contention on the part of the arrangement of issue of theoretical research and legislation that is, the exchange of evidence, and does not provide mechanisms of arrangement of issue.Chinese scholars point to the procedure of arrangement of issue monographs and few of the study was simply a scattered distribution in the pre-trial preparation programs being introduced. The lack of theoretical research, legislative system blank, in judicial practice, the effect of poor finishing point of contention is inevitable. I hope that through this article, systematic analysis of what programs strive for finishing operating mechanism to learn from other successful experiences in the implementation of national laws to establish suited to China's strive for the real needs of finishing process, the way conducive to promoting the reform of the trial.This addition to the conclusion, the total is divided into five parts.Part one, introduction. This paper studies described the purpose and significance of the problem, research background, literature review, study methods, the structure of arrangements.Part two, finishing an overview of the basic theory of arrangement of issue.The procedure of arrangement of issue has in our country do not have the legislative attempt, so in academia to explore this in a uniform definition of non-existent. Studies scholars have different perspectives, get definitions are also different. The author of the scholars have different views through research and analysis, will strive for the definition of the procedure of arrangement of issue summarized as follows:civil war point of finishing process, is to eliminate disputes and concentrate on trying to achieve the purpose of In the pre-trial proceedings in the court to assist the parties in accordance with a certain order and manner carried out by a clear and fixed subject matter of litigation, the facts, evidence and legal proceedings on the dispute-point behavior and the resulting inter-relationships. After the content described, clear the operating procedures of arrangement of issue.Finally, the introduction of the program function that, by a fixed point in the form of struggle to achieve rapid settlement of disputes and diversified settlement of a dispute in order to safeguard judicial justice and efficiency.Part three, foreign competition issue of arrange procedure. Two genealogies of the law by being a representative of the genealogies, the United Kingdom, the United States, Germany and Japan arrange for issue process inspection, strive for order mastered the basic thread running. Two genealogies of the law of dispute on the issue of arranging process compared to that in striving for a issue of arranging the program to respect the dominant position of the parties the procedure is very important, this is the debate on the requirements of Marxist doctrine and disciplinary action is consistent. At the same time, the judge in the case of control is also an indisputable point of order to run an effective protection, Containment of the parties to delay the proceedings of the phenomenon; although the arranging issue of two genealogies of the in the dispute are still operating mechanism, are different, but the pursuit of fairness and efficiency of the value of litigation trends are interlinked; use of sound evidence system, the judge released the right-Ming positive initiatives to promote a competing point of order program feature implementation.Part four, the procedure legislation and practice of program status for arrangement of issue. Through legislation and judicial practice style strive for issue of arrangement content study to find out our current course of the operation of the program exposed by the state. Analysis of these abuses hidden behind the reason that the judicial role in positioning deviation from the status of the parties procedures for protection of various factors, from the root causes is the effective measures to solve the problem.Part five, China's issue of arrangement process of construction. This procedure for our country's legislation, it is a foreign system. Therefore, when building the system, we must combine our country's actual situation. In the specific institutional design, to build a special mechanism for dispute issue of arranging process, clearly the main parties to the process, respect for the judge's action command to enhance the role of lawyers attention; in content, we should do a good job subject matter of litigation, the facts, evidence the legal point of finishing a race; scope of control in the case of proceedings within the ordinary; strive for the results of order on the parties and judges from the binding. Furthermore, Supporting systems related to the improvement and construction is also important, through the evidence-gathering system, do not respond to ruling system, the judges the right to release out to improve and enrich the system with a view to achieving an indisputable point of finishing process more effectively.
Keywords/Search Tags:Issue of arrangement, Comparative analysis, Status, System construction
PDF Full Text Request
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