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Civil Court, The Status Of The Preparation Procedure And Perfect

Posted on:2008-07-06Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
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Civil action preparing procedure is the important preliminary procedure of civil action, and its reasonableness influence directly the adjustment and efficiency of civil litigations. The establishment of the pretrial is one part of the reform of civil procedure, and the important basement of structure of modern civil procedure, which focus on the trail. Internationally speaking, civil action preparing procedure has already become a very important section in civil actions, but in our country, it has been disregarded for a long time in the research of civil action legislation, judicature and procedural law. Therefore, strictly speaking, we have not established the civil action preparing procedure in our country. The problem caused by the lack of special pretrial procedure has attracted the academic attentions and more researches. But that's the one of the most important task of the emendation of the Act of Civil Procedure. This thesis firstly studies the basic problems of the civil pretrial proceduer. The thesis aims at making further study on the procedure, considering China's condition and learning some useful experience from the Western, so as to put forward relevant legal reflection on the establishment of the system of China's civil procedure.The paper includes four chapters. Chapter 1 gives a brief account of the preparing procedure. The author firstly analyses concepts o f the civil pretrial procedure, then demonstrates the function of the civil pretrial procedure. Civil pretrial procedure is an important part of the whole civil litigation procedure. And it includes a series of preparing work from accepting and hearing a case to opening a court session taken by the court, in order to find out the case, collect evidence and make the civil case fit for opening a court session. Finally the author makes further study on its values and believe that justice and efficiency are the main values of the civil pretrial procedure. In Chapter 2, the author reviews and makes a comment on China's civil pr etrial procedure from the aspects of itsp ractice and legislation. At first, the author comments on the civil pretrial procedure legislation, pointing out that legislation lagging behind practice holdbacks the civil judicial reformation. Secondly the author analyses the process of the improvement of the civil pretrial procedure. Among the civil procedure justice reform of our country, after the changes from judgment before trial to judgment without trial to discovery procedure, the pretrial procedure is still important for every court. The lag of legislation and the exceeding practice are not avail to protect the rights of the parties. In Chapter 3, in linking with the stipulation and judicature practice in 'the preparation beforetrying' which occur in Civil Procedural Law in effect in our country, its deficiency is pointed out. In consideration of the above, the author suggests that we should build an independent civil pretrial procedure in order to promote the integrative change from the old civil procedure system. It is high time a new pretrial procedure should be established. In Chapter 4 , the author introduces a preliminary frame work for the future perfection of the civil preparing procedure: Building an appealing and pleading system; to perfect the relationships between the parties and the court; to build the evidence discoverary system; to lead variety solution ways of the issue onto the pretrial proceduer to apply the litigationre sourcefuly; and to build the writ of evidence system.
Keywords/Search Tags:pre-trail proceduer, procedure, deficiency, improvement
PDF Full Text Request
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