Research Of China’s Brief Of A Case Amending Process

A brief of case system in civil proceedings is built in order to classify cases moreeasily and effectively. Afterwards, a foundational logical system of civil case is built basedon the series of germinal theory which is derived from case system. However, practice hasproved that, this case system still need to be examined in different cases, to verify thefoundation of theoretical system and the purpose of legislation activities. This paperattempts to solve the problem caused by lack of legislation in amending brief of case, byanalyzing the relationship between the brief of civil case system and other lawsuit system.Article includes four parts:The first chapter described the basic theory of the system about amending brief of acase in civil proceeding. During a case, there would appear different treatment when thecore of case changed, which would cause confusion, by setting brief of case amendingprocess can adjust this confusion. This paper aimed to discuss the probability of this deeply.Then second chapter examined and reflected on the status of civil case amending.Then, it summarized the legislative defects of brief of civil case amending process, byanalyzing the current legal provisions about setting brief of a case, combining with realcases analysis.Then third chapter described the relationship between brief of civil case system andother litigation systems from theoretical point of view, including how to running a brief ofcase amending process and litigation system, the link between brief of case amending anddetermining the case, and so on.The last chapter provided an entire conceive about building a brief of civil caseamending process, from perspective of the legislative mechanism and supporting measurespoints of view.