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Civil Litigation Improvement Of Legislation Of Pre-trial Procedures

Posted on:2015-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:L C YinFull Text:PDF
GTID:2296330431986491Subject:Law
Abstract/Summary:PDF Full Text Request
In this paper, through the four parts of the pre-trial procedures applicable to civillitigation and improve the analysis and research: First of all, discusses the basic theoryof civil litigation preliminary pretrial proceedings, defines the concept of civillitigation pretrial procedures, clear its features and functions. Then the civil pre-trialprocedure is summarized by the peculiarity of time, the certainty of the procedure andparticipation of multi objects. Finally confirms three important functions of the civilpre-trial procedure which are the clear point of contention, the collections of evidenceand the promotion of the end of the case.Related systems in Section II study of two legal systems, reviews the development ofthe civil pre-trial procedure in UK, US, French, Japan and German, focuses on thedifference of civil pre-trial procedure in these countries. The third section investigatesand evaluates the current status of civil pre-trial procedure in China. First, introducethe Civil law and the effects of the civil pre-trial procedure of Judicial interpretationfrom Supreme People’s Court. Then focuses on the weak points of the civil pre-trialprocedure in China. The fourth section discusses on the completion and application ofthe civil pre-trial procedure in China and archives some idea in improvement. First thechange should contains the reference of the core part of the Cooperation, thetransmission from Interpretation to Adversary, the idea which made it clear that thejudge’s obligations and interpretation focus on the independent doctrine of pretrialprocedure. Then ctivities with the relevant provisions of the reform party pleading.Third, the exchange system of the evidence should be more standardize by determinethe scope, moderator, times of the exchange of evidence and the improvement ofrelated systems. In last section, we make a clear point of contention by the scope ofconsolidation, the main object, the method used to determine the end and effect aswell as to improve the pre-trial proceedings in contention finishing point. Accordingto these study, we hope to contribute to the reform of the civil pretrial procedure.
Keywords/Search Tags:Civil procedure, Pretrial Procedure, Evidence-exchange, Sortingout the Issues
PDF Full Text Request
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