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The Application Of The Theory Of Civil Court Before Meeting And Legislation

Posted on:2017-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:D JiangFull Text:PDF
GTID:2336330512950012Subject:Law
Abstract/Summary:PDF Full Text Request
The establishment of the court before the meeting is a focal point of the modification of the civil procedure law, to promote the mediation and reconciliation, to improve the efficiency of lawsuit has an irreplaceable role. However, because the system is preliminarily established in our country, the law is principle, the lack of actual operability, need to keep improving and innovation.This article is through to apply in practice court before the meeting of two real cases of features and defects, general lead to appear in court before meeting existing legislative system is not perfect. Then, introduces our country's current legislation on civil court before the meeting the provisions of the existing problems, including the topics of the meeting before the court not specific; Applicable provisions are too simple; Division before meeting a set of rules of procedure is not perfect; Supporting system and related measures imperfect aspects of the problem. Each big problem and can be subdivided at the same time many small problems, the specific content is not including exchange and inductive issues not specific provisions too simple cause no applicable scope and effectiveness of court before the meeting, including incomplete rules procedures before the court session startup is arbitrary, rough process regulation, the case trial court before meeting will not provided, what is the difference between a preliminary meeting open or not has no rules, relevant supporting system and measures to be perfect not provided, including the limits of right to judge cohabitancy evidence loss of power and defense rights system did not build, specially the judge system and challenge system not established, no court before meeting legal supervision procedures. Through the legislative defects of specified list to show the consequences of these problems and shortcomings.Finally,combined with the improvement of the legislation problems put forward the corresponding measures and Suggestions, mainly for the court before the meeting detail content, process, including the specific way of exchange of evidence, the frequency, time, place, inductive issue is the facts and evidence, legal aspects of the issue, the court meeting specific procedures and the operation of the court before the meeting of the public or not, and the difference between ordinary procedure and trial after a preliminary meeting different; For the scope of application, such as no clear law to clear, including the applicable scope and determine the court before the meeting started, regulation of the effectiveness of the court before the meeting; And how to establish and improve related supporting facilities needed for the meeting before the court and the system, in which the loss power system establishment, the establishment of the special judge system, the limitation on the right to judge cohabitancy and court before the meeting the legal supervision of the design of the program. Used in the process of this paper has introduced the practice court before meeting successful cases to illustrate the importance of relevant system establishment, through these measures, can improve the efficiency of litigation, guarantee the litigation justice, real play to the role of the court before the meeting.
Keywords/Search Tags:Before the Court Session, Evidence Exchange, Loss of Rights System
PDF Full Text Request
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