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Research On Civil Pretrial Procedure

Posted on:2017-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:D XuFull Text:PDF
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Since the 1970 s, with the development of China’s socialist market economy, social structure changes, people’s social life has become increasingly diverse, rapidness, internationalization and increasing people’s legal consciousness, led to our country’s current business disputes, borrowing disputes, lease disputes increasing, due to the goods defects caused by consumer litigation, public interest litigation, caused by environmental pollution caused by the labor dispute of labor dispute litigation and other new litigation, which makes the court case-accepting pressure faced with unprecedented challenges, and the difficulty of the litigation has become increasingly complex, with increased number, there is no lack of among them such as litigation delay from happening, to judge the quality and the efficiency of lawsuit caused a certain adverse effect. Moreover, the current civil litigation pretrial procedure in China is still attached to the ordinary trial, this can create a trial so lax, hollowing out, and the pretrial procedure in China as a normal trial stage, as a prelude to the trial, more reflect its instrumental value, but there is no clear reflect its independent value, this makes the pretrial procedure of resolving disputes and diversion of litigation source function which is restricted.2015 of the civil lawsuit judicial interpretation of increased as the pre-trial conference and a series of articles on pretrial procedure, for the provision as a whole, while the original pre-trial procedure has made a breakthrough, it has some progress, but as an ordinary trial stage of the nature of the basic no change was made, there is still no do pretrial procedure as a independent procedure presented; In terms of its provisions content, the pre-trial conference and its contents are made rules, but not detailed, remains to be perfect. How to break through the traditional preparation for trial in our country and existing pretrial procedure, change of absolute trial, and how to play to the independent value and function of pretrial procedure, thus more economical and efficient to solve civil disputes and problem to be solved is the legislature in China. In view of this, based on the existing relevant civil litigation pretrial procedure on the basis of the research literature, by using comparative analysis, historical review and empirical research method of civil litigation pretrial procedure, and through the defined the basic connotation of civil litigation pretrial procedure and the legislation in China for civil litigation pretrial procedure and the relevant provisions of the relevant application of the judicial practice, and to study the advanced theories of outside, comparing the civil litigation pretrial procedure outside of relevant provision, put forward concrete Suggestions of perfecting our country’s civil litigation pretrial procedure. This article is divided into four parts altogether.The first part mainly on the basis of the civil litigation pretrial procedure theory in general. In this part, the author first of all, the meaning of civil litigation pretrial procedure is defined, the difference between the civil litigation pretrial procedure and the semantics of the pretrial preparative procedure in civil litigation, and on the basis of civil litigation pretrial procedure characteristics were summarized. Secondly, on the civil litigation pretrial procedure of evidence collection and fixed, sorting issues, as well as the alternative dispute resolution of three functions are discussed in this paper. Finally, the civil litigation pretrial procedure value analysis. The value of civil litigation pretrial procedure refers to the civil litigation pretrial procedure in the whole play a positive role in the course of civil procedure, and the establishment of civil pretrial procedure system to realize the collection of all performance. Although the academic circle is still on its value range still has a lot of debate, but the justice and efficiency as the core and foundation as the value goal of civil litigation pretrial procedure has already is the fact that in the academic circle. Therefore, the author only around its value of justice and efficiency is discussed. About civil litigation pretrial procedures in the case of this, the essay discusses the concept, characteristics, function and value of, is a scientific and rational research foundation of civil litigation pretrial procedure.The second part is mainly to contrapose outside comparing civil litigation pretrial procedure. Although the new "the judicial interpretation of the civil procedure law" has made a new rules to pre-trial procedure, have a certain progress, but the pretrial procedure of civil action is not sound enough, remains to be development. By comparing contrapose outside investigation, study, to perfect our civil litigation pretrial procedure has a certain reference.The third part mainly introduces our country’s current legislation about civil litigation pretrial procedure, the judicial practice situation and existing defects. First of all, on the civil litigation pretrial procedure of related law and judicial interpretation has carried on the brief introduction. Again, at this stage of civil litigation pretrial procedure operation condition was investigated. Finally, the present operation situation of civil litigation pretrial procedure for evaluation.The fourth part mainly studies for the perfection of our civil litigation pretrial procedure of specific recommendations. First, to establish completely from the trial procedure of pretrial procedure. Second, to implement pre-trial judge separated from the trial judge Settings. Finally, In short, in order to speed up the litigation, and improve the efficiency of litigation, to ensure that the litigation justice and perfect pre-trial conciliation, the effective implementation of the pretrial procedure plays a decisive role.
Keywords/Search Tags:pretrial procedure, sorting out the issues mediation before trial, pretrial preparation, evidence showing system meeting before court
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