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In Civil Pretrial Procedure Judge Of A Comparative Study Responsibilities

Posted on:2005-12-03Degree:MasterType:Thesis
Country:ChinaCandidate:H F ZhouFull Text:PDF
GTID:2206360125951911Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Pretrial procedure is a procedure judges or other clerks work for the court tries to promote the trial developing smoothly and abundantly. Pretrial procedure is important for trial procedure. At the stage our country tries to build up a pretrial procedure system according with the situation of our country. As a student majoring in law, we should study the power of judge in pretrial procedure in other countries like Japan.Except for the preface and the epi logue, this article is divided into three parts totally.The first part is the premise, showing the setting and development about the power of judge in pretrial procedure in our country. A trial can be divided into procedure before trial and trial procedure. But procedure before trial is different from pretrial procedure. It is important for our analysis. Through analyzing three criterions of our country about pretrial procedure, we come to these conclusions:(1)The power of judges in pretrial procedure is relation to the mode of civil procedure in a country. The power of judges in a country insisting on doctrine of function and power is surely more powerful than a country the party is dominant in suit. At one time, our country insists on doctrine of function and power, so judge is dominant in trial, no matter in pretrial procedure or in trial procedure. And now, the party is more powerful than ever, but in the place of suit process, judge is still crucial.(2)With the criterions about the pretrial procedure putting in force, the power investigating evidences of judges was limited to investigate procedural proceedings and proceedings aboutcommonweal.(3)In the stage of pretrial procedure, judges are abundant to guide the parties to investigate evidences and put them forward to the forum. Else, judges can not give other offers to the parties.The second part, author tries to analyze the setting of pretrial procedure in Japan.Rome can not be built in a short time. The power of judges in pretrial procedure in Japan is praised in the world. This is a result of the Japanese judge and lawyer trying hard. Through analyzing the authority investigating and the command for suit, we will get to know deeply the power setting of the pretrial procedure.The authority investigating is the power judges using to investigate facts and evidences. But the Japanese code of civil procedures rules that the parties have duty to investigate evidences and put facts about the truth of the dispute forwards to the forum, except for some proceedings special the Japanese code of civil procedure rules that judge has duty to find out. In other scopes, judge can not investigate by themselves.In pretrial procedure, direction of action by Japanese judges has more influence on procedural development and substantial formation. In order to set up the object of trial and provide foundations for the trial, Japanese judges have relatively comprehensive power to direct the action in form. Meanwhile, litigants also have the burden to promote the trial. It is proved by facts that judges obligation to promote the trial is beneficial to safeguard the procedural development smoothly. The substantial formation of the case is the burden of litigants, but the judges have the burden of assistance, which is the substantial direction in pretrial procedure mainly consists of explanation and disposition of debate preparation. The rational construction and definition of substantial direction of action in pretrial civil procedure, safeguard the fair justice at the most limit, at the same time, promote the trial developing smoothly and abundantly.The third part, rebuild the power of judge in pretrial procedure.Base on the introduce about difference of the power of judge in pretrial procedure between Japanese and our country, the author thinks the pretrial procedure of our country is still in the beginning stage. So we should study the system about power setting of judge in the pretrial procedure and rebuild the power of judgein the pretrial procedure in our country. In the thought of the author, we...
Keywords/Search Tags:Responsibilities
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