The Compulsory Measures Of Civil Litigation Investigation Report In City Of P

Civil compulsory measure system is an important part of an integral part of the civil procedure law. In the course of the civil procedure, the court takes the general kinds of compulsory measures that are normally carried out in the course of the obstruction of civil actions, including the admonition, order him to leave the courtroom, summons for detention, fines and detention. The purpose is to make sure that the party is in violation of the law of the court, and to take the means to remove the obstruction and maintain the order of the court, so as to ensure that the civil procedure can be carried out smoothly. Influenced by the development process of the rule of law, our country’s civil judicial practice long-term full of disrupting the order of the court, especially the grassroots courts of civil trial order is facing a grim situation is worrying. Such as agents, lawyers in the trial guide the parties to answer the question, the judge asked the plaintiff and defendant grab answer, dispute between abuse, with rude words or behavior interrupt the normal order of trial, observers casual chipped around, pick up the phone and so on. For all the parties in violation of the court order, impact of the court, judges are superficial admonition, such modest move to maintain the court order only plays the role of temporary, that difficultly establish the authority of the court for a long time. The destruction of the trial order directly affects the normal hearing of the case, some serious will affect the realization of fair and justice. The existing civil compulsory measures in accordance with the law has been unable to meet the actual needs of the current civil trial work, scope narrow, no unified applicable benchmark,power weakness, confusion in program that courts have repeatedly been despised and cannot help themselves. The main purpose of this paper is application of P city in recent years the courts of civil compulsory measures for detailed investigation, respectively, P,five court civil compulsory measures for research, including P City Intermediate People’s court, county court D, P county court, s district court, X district court. Statistics is mainly from 2012 to 2014 the three years P City five court suitable admonition, or order him to leave the courtroom, summons for detention, fines, detention this several civil compulsory measures of the number and proportion, according to data summary of the law, from for the civil compulsory measures of practice characteristics. At the same time, take questionnaire investigation, issuing 100 copies of the questionnaire about the situation of the judge of the civil compulsory measures for psychological preferences toP, five court, is willing to apply to the civil compulsory measures and the reasons, the most popular of the civil compulsory measures and popular for investigation. According to the statistical data, the practical characteristics of the P city court are summed up.Firstly, the application rate of the compulsory measure is decreasing year by year.Secondly, the applications of civil compulsory measures avoid light rather than weight.Thirdly, the applicable standards adopt a wide variety of fines. Fourthly, Approval procedures set before shipment. There are many reasons for the practical characteristics of the civil compulsory measures, which mainly show in two aspects: firstly, the judicial and administrative mixed. Secondly, the legislation of the civil compulsory measure is not perfect. Finally, four suggestions are put forward to perfect the system of civil compulsory measures. Firstly, Approval process of a clear civil compulsory measures to realize the procedure of judicial. Secondly, improve the civil compulsory measures of the fine standard and introduce the application of discretion to refine the fine. Thirdly,Applicable standard specification for civil enforcement measures, carry out a corresponding to the responsibility of standards. Fourthly, establish a sound system of civil compulsory measures to protect the legitimate rights and interests of the parties.