Elements And The Referee

As an advanced procedure to settle suits,civil procedure needs orderly to judge whether the suit comes into existence,whether the suit is legal, and whether the suit is effective,Therefore,civil procedure could be divided into three procedures:the procedure to examine the lawsuit,the procedure to hear the lawsuit and the procedure to hear the case. Accordingly,there is prerequisite in prosecution and verdict in prosecution,prerequisite in lawsuit and verdict in lawsuit,prerequisite in case and verdict in case.Prerequisite is the gist of judge and verdict is the judge of the gist.The prerequisite and the verdict respectively delegate the lawsuit of litigants and the trial of court.The prerequisite restricts the verdict and the verdict guides the prerequisite.The prerequisite and the verdict correspond one by one.As a model of theory,the prerequisite and the verdict describe that civil procedure is a proceeding where all of procedures connect each other closely and march together.As a special procedure equipment,the prerequisite and the verdict direct concrete actions of litigants and judges under certain time and space to finish the concrete duty in different lawsuit phases.When looking back to the civil procedure in our country,because prerequisite in prosecution and prerequisite in lawsuit unite to the prerequisite in prosecution and because of the features of the trail which lay particular stress on mediation,civil procedure proceeding includes the accept of the case and the hearing of the case by mediating.This thesis analyzes the civil procedure proceeding in civil law countries with the tool of prerequisite and verdict.Based on the analysis,we review the civil procedure in our country and put forward the reasonable suggestions to reform the civil procedure proceeding in our country.Excluding Introduction and Conclusion,this thesis is divided into five chapters:Chapter One "the conspectus of prerequisite and verdict":This chapter introduces the relation of the prerequisite and civil procedure proceeding, the relation of the verdict and civil procedure proceeding,the relation of the prerequisite and the verdict and the academic meaning,legislative meaning, judicial meaning to study prerequisite and verdict.As the pandect,this chapter lays the foundation for the following parts.Chapter Two "prerequisite in prosecution and verdict in prosecution": Beginning with prosecution,this chapter introduces the prerequisite in prosecution and the component factors and points that prerequisite in prosecution is the prerequisite to make the lawsuit established.The issue whether the lawsuit is legal needs to be judged after the lawsuit is established.This chapter brings forth the very low threshold in prosecution in civil law countries and protects the rights of litigants to approach justice. Then,the form checkup towards prerequisite in prosecution is introduced. Ultimately,the verdict in prosecution and the remedy measures are introduced.Chapter Three "prerequisite in lawsuit and verdict in lawsuit":Firstly, this chapter discusses the meaning and the nature of prerequisite in lawsuit, pointing out that prerequisite in lawsuit is the legal prerequisite of lawsuit. The prerequisite in lawsuit is divided into absolute prerequisite in lawsuit and relative prerequisite in lawsuit.The concrete contents are detailedly set forth.Afterward,the issues on investigation and trial of prerequisite in lawsuit are mainly discussed,which lays the foundation for the following verdict in lawsuit.Finally,the manner and time of verdict in lawsuit are set forth as well as the relation between verdict in lawsuit and verdict in prosecution.Chapter Four "prerequisite in case and verdict in case":This chapter concludes the concept of prerequisite in case from the request in lawsuit. Further,this chapter points out that prerequisite in case is the component prerequisite in subjective law when the court finds for the plaintiff and ratifies the request of plaintiff.Therefore,naturally,prerequisite in case belongs to the issues in subjective law.Then,this chapter introduces the relations among the form of prerequisite in case,dialectical principles,duty to provide evidence to allegations and the responsibilities to illustrate the facts and the trail manner of case.Eventually,this chapter discusses verdict in case and emphasizes the relation between verdict in case and verdict in lawsuit. Chapter Five "study in prerequisite and verdict of civil procedure in our country":Firstly,this chapter analyzes prerequisite and verdict of civil procedure in our country,the difficulty of prerequisite in prosecution,two liabilities including absolutization of fact detecting and negativity of fact detecting,and the cause to pursue mediation.Afterward,the thesis analyzes the cause of the issues in prerequisite and verdict of civil procedure in our country from the perspective of theory,system and legislation.Eventually, this thesis puts forward the reasonable suggestions to consummate prerequisite in prosecution and verdict in prosecution,prerequisite in lawsuit and verdict in lawsuit and prerequisite in case and verdict in case in our country.