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Study On The Preparatory Procedure

Posted on:2017-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:J LeiFull Text:PDF
GTID:2296330485459209Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The comprehensive revision of the Civil Procedure Law means that the civil procedure of our country has entered a new era of development. As a part of the civil procedure, the civil pretrial procedure plays a role in the process of litigation, which is far from reaching its proper function. The embodiment of "Civil Procedure Law" in pre-trial procedure is limited to the preparation of this section, it is obvious that the Civil Procedure Law of our country is insufficient to pay attention to this system. But in contrast, in other countries with a complete civil pretrial procedure, the role of the program has been prepared to rise as the court trial to resolve the important position of the dispute. So it seems, set up in line with China’s current situation of pre-trial procedures is very necessary.The article is mainly divided into four parts to explain the civil pretrial procedure. The first part is an overview of the article, mainly introduces the concept of the concept of the civil pretrial procedure, the characteristics and its special functions, which lay the theoretical foundation for the next content. The second part is the extraterritorial investigation part, mainly introduced with representative countries for the program the specific content of both civil law system and common law system, and through the comparison of these countries in pre-trial procedures at the similarities and differences in the obtained the enlightenment to our country. The third part as part of the content of the status. It mainly introduces the current civil procedure law of our country in the legislation and pretrial procedure in the judicial application stage appear problem, for the continuation of the content below the premise. The fourth part is the perfect part of the article, mainly introduced our country civil procedure before the trial procedure should follow the principle and the concrete need to perfect the supporting system. Today, China is facing a huge number of disputes and the shortage of judicial resources, improve the function of the civil pretrial procedure is just able to ease the plight of China’s current judicial environment. A large number of facts show that the full application of the pre-trial procedures can greatly improve the efficiency of litigation to save the judicial resources.At present, our country is facing a huge state of litigation cases, the court system is facing a great challenge every year, walking in the forefront of the dispute to solve the grassroots people’s court is to assume the vast majority of the dispute settlement work, they need more efficient and convenient to meet the needs of the main body of the dispute. The practice of various countries shows that the application of the pretrial procedure of civil action can effectively solve the disputes, and it has a great help to improve the efficiency of the proceedings. With the function of this procedure, the judicial reform in China in the future need to focus on the experience of reference.
Keywords/Search Tags:Civil action, Pre-trial procedure, Contention point arrangement, Perfect system
PDF Full Text Request
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