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The Inspiration Of The Pretrial Procedure Of The German Civil Procedure To China

Posted on:2018-08-19Degree:MasterType:Thesis
Country:ChinaCandidate:S S CaiFull Text:PDF
GTID:2336330533456230Subject:legal
Abstract/Summary:PDF Full Text Request
From the point of legislation practice of all countries in the world,both the civil law countries and common law countries,although the practice is different,but all attach importance to the role of the pretrial procedure.But in our country,the development of the system of pretrial procedure is very immature,not only has not form a separate program,but also in accordance with the existing law is simple.This paper discusses from the following four parts:The first part of the concept of civil litigation pretrial procedure and the value of pretrial procedure description and analysis of two aspects.Different countries have different understanding of the preparation process,this article mainly introduced the German pretrial procedure and function,and the definition of pretrial procedures and functions.The second part introduces the architecture,advantages of pretrial procedures in Germany,and enlightenment to our country,give us the beneficial reference.The German pretrial procedures and absorbing the essence of debate non-litigation dispute solution for us important enlightenment.The third part introduces the main content of the preparation program in China,which is described in terms of legislation and judicial.This paper analyzes the problems that exist in our preparation program.In the our country people not in the power of the judge and balance between the rights of the parties,nor in the preparation procedure agreed by the parties have the right to debate,but also in practice,the parties will follow the rhythm of the judge,if undertake the judges think simple or less evidence,it is not necessary to summon the parties before the date to communicate,it is not easy to secure the rights of the parties,the debate is not right to use.In addition our country law only in the court of exercises before,and this preparation activities and is a separate program,cause many problems such as delay proceedings,is worth us to reflect on.The fourth part respectively from the Angle of legislation and the judicial recommending preparation program in need of improvement in our country,legislation on the basis of the existing law,to enrich the content of trial preparation activities,to participate in the body of the preparation should also have an accurate definition,guarantee to undertake the judge and the parties concerned to participate,to the back of the court to make sufficient preparations.Shall,from the legal point of view,analyzing the specific issues or to the cases of different type or different situation take into account that continually to refine the related content of the law,from all sides in the face of the law for supplement,enhance its operational,also enhance the content of pertinence.
Keywords/Search Tags:Germany, Pretrial procedures, Independence, Role model
PDF Full Text Request
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