Civil Procedure Indisputable Point Of The Whole Theory,

Generation of the civil disputes results in the conduct of the civil trials and the root cause of disputes makes the controversies exist, including the different perceptions of the facts, evidence, etc. So in order to efficiently and fairly conduct the trial, the arrangement of the issue is very necessary. During this process, it can make the parties give full play to the positive initiative to protect the parties' justice and equity and effectively avoid the occurrence of the raid. In addition, it also can make the conflicts and disputes clarified and solved in a more harmonious atmosphere, or adjudicated quickly and efficiently during the trial based on the pre-trial arrangement of the issue.In this thesis, I discuss the arrangement of the issue in four chapters. In the first chapter, I mainly talk about the basic theory of arrangement of the issue, including its concept, formation and generally what kind of situation it exists in. The arrangement of the issue cannot exist by itself, and always associate with other procedures, also introduce its values, functions and varieties. In the second chapter, by the comparative study, I mainly introduce the arrangement of the issue outside of China. By introducing the typical countries, such as U.K., U.S.A., France and Germany which have put it into effect, I analyze their implementing status in order to find its essence that we can take for our reference. And in the third chapter, by analyzing the history of the legislation in China and legal practice for further reflection, I dissect the reason why it has not been well implemented in China, including legislative defect, judicial weakness and peoples' weak legal consciousness. In the fourth chapter, I describe the improvement of the arrangement of the issue in China, including the principles and methods that we should follow and finally introduce the related supporting systems to protect it.