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Study On The Civil Pre-trial Procedure

Posted on:2013-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:C HuaFull Text:PDF
GTID:2296330464450099Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Civil pre-trial procedure is an important part of civil procedure. The scientific and reasonable civil pre-trial procedure not only contributes to the development of the trial procedure, but also plays a function on resolving disputes. In other words, it can advance the efficiency and the justice of the trial procedure, and can effectively settle the disputes. China’s civil pre-trial procedure has many shortcomings. For this reason, it is necessary to reform and pertect the civil pre-trial procedure in view of the present situation.Civil pre-trial procedure is an independent procedure conducted by judge and parties to prepare for the formal trial from the acceptance of cases and before the formal hearing. The functions of pre-trial procedure are the establishment of issues and fixing of evidences. As well, the function of settle disputes has being gradually given more attention, shows the thriving scene, makes the independent pre-trial procedure more profound. The civil pre-trial procedural reforms in two legal systems not only prove this point, but also enhance the status of the parties in civil litigation to strengthen the cooperation between judge and parties. China’s judicial reforms did not shorten the distance in civil pre-trial from the developed countries. The civil pre-trial procedure is still an adjunct of trial procedures, and the independence of the civil pre-trial has not yet been embodied. The judges in the civil pre-trial procedure unilaterally make transactional activities for the formal hearing. Thus, the parties can’t play an important role in the establishment of issues and the settlement of disputes, so that we can’t build the judges and the parties’ cooperative operation in the civil pre-trial procedure. Therefore, the reform of China’s civil pre-trial procedure should be based on the independence of the civil pre-trial procedure. We should seek the reasonable balance point between judges and the parties in the civil pre-trial procedures, achieve the separation of pre-trial judge and the trial judge, establish the parties’pleadings, perfect establishment of issues, emphasize on confidentiality in mediation, handle the relationship of the pretrial procedure trial procedure correctly.The thesis uses the comparative analysis method to study the two legal systems and give some suggestions to China’s civil pre-trial procedure. This thesis is divided into four parts. The first part describes the conception, the function and the value of the civil pre-trial procedure. The second part describes the civil pre-trial procedure of two major legal systems through analysing and contrasting for the exploring of the experiences. The third part gives the shortcomings and problems of China’s civil the pre-trial procedure. The fourth part bases on the present situation of China’s civil pre-trial procedure, and it gives a cocept and system proposal to restructure China’s civil pre-trial procedure.
Keywords/Search Tags:Civil pre-trial procedure, evidence, establishment of issues, pre-mediation
PDF Full Text Request
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