On The Withdraw Of Civil Procedure Law Of China

Civil litigation avoidance system is in accordance with the provisions of the law,the judicial officers and other relevant personnel handled cases an interest or otherrelationship, it may affect the impartial handling of the case, to avoid or exit of thelegal system of civil cases. Civil evade the legal system plays a vital role in the CivilProcedure Law. Procedural fairness to ensure substantive justice, civil avoidancesystem which is necessary precisely. The article put forward a sound civil action toevade the system’s proposal for the purpose described contrast, Taiwanese and foreignlegal system, for our current lack of civil litigation avoidance system, severalfeasibility views.The first part of the article, the concept of the system of litigation avoidance,functional analysis, function mainly as civil litigation avoidance system andprocedural justice fit. Acceptable degree, lower case appeal rate litigation to avoid theexistence of the system, but also to safeguard the fairness of the proceedings, theparties to the trust in the judiciary and other participants in the proceedings, theoutcome of the trial, conserve judicial resources. In addition, the parties and theirlegal representatives in accordance with the provisions of the law, of some of thejudicial officers and other relevant personnel, conditional choice, not only canenhance the legal awareness of civic self-protection of the legitimate rights andinterests, and also help to improve the public on the administration of justice level ofsupervision, reflecting China’s civil action of openness, democracy.The second part of the article, respectively, from the two aspects of the civillegislation and judicial some shortcomings of Civil Litigation avoidance system forin-depth analysis. At the legislative level, mainly in evading the main narrow range,the reason for the withdrawal raw, apply evasive main too narrow, evadeadministrative decision procedure too thick application evade judicial remedies thereare deficiencies in several aspects of the problem, especially practice phenomenaparties and litigation agent abuse litigation avoidance system to stall for time,previous academic discussion rarely mentioned in this article elaborate belong to oneinnovation; judicial level, mainly the lack of information disclosure system humanabove the law, the burden of proof in the distribution system to unreasonable aspects of the deficiencies.The third part of the article on the legislative and judicial practice to avoid theshortcomings of the system, and targeted recommendations. First evade the main useis to expand; further improve the grounds for the challenge; expand evaded range ofapplications subject; Fourth, the decision-making process is strictly avoided; establishevade appeal system; six for the lack of legislation, the provisions of evading liabilitysystem; Seven is no challenge system. First, establish and improve the informationdisclosure system; lack of judicial practice, the second is the propaganda of the spiritof the rule of law, clear the parties seek extrajudicial favor of legal responsibility;Third, the re-architecture the burden of proof in the distribution system.The fourth part of the article is the conclusion of this article. Throughout thebroad framework of China’s civil litigation avoidance system, I recognize that animportant issue, the litigation avoidance system with a lot of other legal systems, toomuch emphasis on the convenience of management and trial design concept, thelegislative technique very slipshod shabby This is precisely the manifestation of thesymptoms of the entire legal system of China’s transition period. In order to furtherimprove China’s socialist legal system, some law bars refinement to improve theoperability is essential.