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Civil Pretrial Procedure Cases Shunting Mechanism Research

Posted on:2013-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:S M SunFull Text:PDF
GTID:2246330371473112Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Dispute resolution culture is a thing that always keeping pace with the times in our country, in a violent society a wide range of value orientation is to break the traditional order structure, reflected in the field of civil justice, the parties and the courts through the various game re-adjust its role and position in the proceedings. Judicial reform focused on how to realize the rational allocation of judicial resources, so that the case is relatively simple cases in the pre-trial diversion, in order to reduce the costs of the proceedings of the court and the parties, which need to build our country’s civil pre-trial procedures, give full play to their cases the function of the shunt. In China the vast majority of countries of the world generally applicable common rules, standards and the concept of the basic identity of the civil pretrial procedural reform has can not fail to go beyond the geographical borders, ie, a higher perspective to look at and consider our current many problems of the pre-trial preparation procedures. Ideas to solve this problem should be to build our country’s civil pre-trial procedures, placing it in the world civil pretrial procedure reform and development of the historical tide of analysis and reflection, but not enough endogenous conditions forced the development of mature, we can bring some useful things in the Western triage system before the current trial as I used to build the cases of civil pre-trial procedures with Chinese characteristics, triage mechanism.This article from the values of civil litigation pretrial procedures and architecture, as well as the effectiveness of the analysis of the preliminary study of the characteristics in the context of the current judicial reform in China civil pre-trial procedures and the need to improve our civil pre-trial procedures for cases of shunt mechanism; and through analysis examines the first cases of shunt mechanism of foreign civil litigation trial, which made the initial ideas of the mechanism of the Perfection of Civil Procedure pre-trial diversion program.
Keywords/Search Tags:pretrial procedure, dispersion of civil case, judge’s interpretation
PDF Full Text Request
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