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A Study On The System Of Arranging The Focus Of Disputes In Civil Litigation

Posted on:2016-06-28Degree:MasterType:Thesis
Country:ChinaCandidate:H Y WangFull Text:PDF
GTID:2296330461482111Subject:Law
Abstract/Summary:PDF Full Text Request
In the course of the continuing reforms and explorations, the system of arranging the focus of disputes in civil litigation, which is the core of the pre-trial procedures in civil litigation, has been paid much attention to in many countries and regions as well. Due to the improved system of arranging the focus of disputes in civil litigation, countries of the continental legal family, such as Germany and France, along with the United Kingdom and the United States of America, which are two representatives of the Anglo-American legal family, have been leading in the world as far as the improvement of the civil pre-trial procedures is concerned. Owing to the differences in history, society and legal culture, the law of civil procedure in China is lack of explicit and concrete provisions in legislation. In the judicial practice, there are no adequate preparations for the pre-trial procedures, too. Judges have not been accustomed to arranging the focus of disputes in civil litigation. They often regard the arrangement of the focus of disputes in civil litigation as a dependency to the exchange of proof. It is the enforcement of the Supreme People’s Court’s Judicial Interpretations on Applying the Law of Civil Procedure of the People’s Republic of China on February 4,2015 that embodies the importance of arranging the focus of disputes in civil litigation. This thesis starts from the concept of arranging the focus of disputes in civil litigation, makes a comparative study of arranging the focus of disputes in civil litigation in other countries, combines the modification of the Law of Civil Procedure and the latest provisions in the Supreme People’s Court’s Interpretations on Applying the Law of Civil Procedure of the People’s Republic of China in 2015, and puts forward some suggestions on improving the arrangement of the focus of disputes in civil litigation so as to be helpful to the improvement of the legislation on civil proceedings in our countries.
Keywords/Search Tags:The arrangement of the focus of disputes in civil litigation, the stage of preparations for trial, civil pre-trial meetings, the exchange of civil proof, the proof losing-right
PDF Full Text Request
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