Research On Procedure Of Issues Arrangement In Civil Litigation

The procedure of issues arrangement in civil litigation is a system of litigation act, identifying, arranging and fixing the disputable points before the court session in a civil litigation, and a series of related system with arrangement of issues as its centre. As the one of the most important functions in pretrial preparation procedure, the main functions of the procedure of issues arrangement are to classify the cases into simple and complicated ones by arranging the issues, to improve trial efficiency by centralization of judgment, to help the parties settle disputes, to prevent the parties from unexpected judgment or unexpected evidence in order to protect their legal rights and so on. However, at present, procedure of issues arrangement in civil litigation has not been or has not played its proper role in our legislation system, from perspective of the legislation and the judicial practice in civil procedure of our country. In the academic research and discussion, procedure of issues arrangement is also rarely involved. Each district court has its own method of arranging issues, and in some courts judgments come before hearing. In fact, this procedure has not played its proper role in China.As a result, research and discussion on procedure of issues arrangement will play an important role in the progress of our country’s pretrial preparative procedure, centralization and continuty of judgment. The principles of this paper should be followed are adversary system first and power system second; balancing the fair and the efficiency; basing on our own and learn the good things of other countries. The subject of the procedure is the parties and the court. The object contains the indisputable points of facts, evidence, law and subject matter of an action. The way of arranging the issues includes written type, hearing debate type and conference type. Some support systems should be ruled and practiced.