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Research Of The Legislation Improvement Of The Civil Collegiate Bench System

Posted on:2015-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:L MaFull Text:PDF
GTID:2296330431986458Subject:Law
Abstract/Summary:PDF Full Text Request
Civil trial system, as a basic system in the field of civil judicature in our country, its userange and use frequently. In China,there is a large number of civil cases heard by acollegial panel,only asingle system can compare with it, both the process of theirterritory is in constant temptation, and from the scope of the investigation shows thatour country’s civil collegial system in the hearing of all the civil case still accounts for alarge proportion. Civil collegial system can forever and until now, probably because ithas the advantages of the system. Follow the progress of modern society, therequirement to the case will be more and more high. So how to make the improvementof the system of civil collegiate bench can adapt the development of the contemporarylegal system, and at the same time, it can bring more benefits to our country civiljustice. Collegial system is the spread of democracy in the legal category, it reachedwith the public and the case of the parties to the referee the tacit understanding. In thewhole process, it’s not just them comfortable for the interests of the related to oneselfalso is the legal consciousness in the process are also increasing urgent action. They notonly feel the judicial fair to anybody, they are still in safeguarding the rights andinterests of his time to consider whether through litigation to obtain cost-effective, andto estimate the risk of not protect their rights, make a beneficial to itself. Is the purposeof our country needs the law to make law become a kind of social phenomenon, is notjust tools need to law into effect to make society without the smoke of the battlefield. Toachieve legal social peace and harmony atmosphere, deliver on the promises of legaljustice to the public, in the civil field it is necessary to perfect our country’s civilcollegial system. When the court case in the process of a collegial panel of the importantrole, because of its applicable civil collegial system is an integral part of, and plays abasic role. In this paper, based on a collegial panel of reform and improvement of theorganization can achieve civil collegial system perfect, and to play a positive role. Sothis article through to the civil collegial system problems such as the system ofcollegiate bench is not standard, the scope is too large and can accommodate a collegialpanel with trial committees and other departments relationship issues, collegial panelrules and operation is not standard and so on are put forward and the correspondingadvice, let its strengthening collegial panel in the operation of the actual effect to helpthe justice and efficiency of judicial sentence, strengthening people’s confidence in therule of law. For civil collegial system change and improvement not only to grasp the direction ofadvance, and should follow the rules of the judicial reform earnestly do put the vision inthe long run, to their feet on the ground in China’s judicial conditions. Can draw lessonsfrom the national collegiate bench system outside of their rich and successfulexperience, choose suitable experience of civil collegial system for our country, mustnot be copying countries outside the developing mode of ignoring the current situationof the rule of law. In the process of the perfection of civil collegial system we must do isbased on Chinese modern judicial conditions, no hurry not rashness, progressiveprinciples, a variety of ways to deal with the global associated with parts of the steadilypromote, in order to avoid the happening of chaos. Given the civil collegial systemproblems existing in the practice and theory, plus the judicial situation of our countryand the ideal target gap between the present and the rule of law, we should to improvemore.
Keywords/Search Tags:Civil Collegial System, Collegial Panel, Single System
PDF Full Text Request
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