Font Size: a A A

On A Point Of Contention In The Civil Pretrial Procedure Finishing System

Posted on:2010-04-26Degree:MasterType:Thesis
Country:ChinaCandidate:L HuFull Text:PDF
GTID:2206360275464053Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In civil pre-trial procedure,the organization of indisputable points system is organizing the indisputable points in the civil pre-trail procedure.Then making the indisputable points can not be chananged.And added to some support systems,composing a complete system. The main function of it is to make trial quick and fair;or to make the dispute can be settled before trial.In the two system of law of the world,their main representative countires have their own legislation and judicial practice in the organization of indisputable points system of civil pre-trial procedure.While they contain the similar ideas and trend.Reletively speaking,in China,the organization of indisputable points system of civil pre-trial procedure has many missing.In fact,this system has not been and has not played its proper role in China.So,our country should construct the sound organization of indisputable points system of civil pre-trial procedure as soon as possible.The principle we should follow are adversary system is first and power system is second;making the fair and the efficiency balanced; basing on our own and learn the good things of other countries.The subject is the parties and the court(the judge of preparing),and the former is more important.The object contains the indisputable points of facts,evidence,law,way of attacking and defensing and prodecure. The way is after the parties hand the instruments,the pre-trial meeting should be hold.All of these should be ruled in law,and apply for the practice as well.At the mean while,some support systems should be ruled and practised.Concluding system of losing right,system of security of parties' collecting ecidence,system of judje's explanation,and so on.In order to make the organization of indisputable points system of civil pre-trial procedure to be complete,and to make this system play its proper role in judicial practice.
Keywords/Search Tags:Civil Pre-trial Procedure, the Organization of Indisputable Points System, Adversary System, Pre-trial Meeting
PDF Full Text Request
Related items