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On The Construction Of Centralized Trial Mode Of Civil Action In China

Posted on:2018-07-28Degree:MasterType:Thesis
Country:ChinaCandidate:J MaFull Text:PDF
GTID:2336330536468022Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The litigation structure of civil litigation originated from Anglo-American law system,and its litigation structure showed two characteristics of pre-trial procedure and trial separation.Correspondingly,civil law countries civil action is a parallel trial mode,this model does not have a clear two-stage division.With the economic and social development,the number of civil litigation cases surge.Due to the lack of preparatory procedures and the "ready to put forward",the drawbacks of the parallel trial mode are gradually revealed.Therefore,the representative countries of civil law system,Germany and Japan began to use the centralized trial mode to reform the original parallel trial mode,and its litigation structure also showed the characteristics of pre-trial procedure and trial separation.Germany and Japan’s reform has achieved good results.China’s civil litigation legal system by Germany and Japan have a deeper impact,thus forming a de facto parallel trial mode,resulting in low efficiency and other issues.In fact,the de facto reduction of litigation costs and the immaturity of the filing system resulted in a large number of civil disputes flushing to the courts,making the already very tense judicial resources even more stretched.To this end,the existing parallel trial model must be changed to promote the trial focus to enhance the efficiency of justice.Reform the existing trial mode,to absorb the common law system and the German and Japanese reform experience measures at the same time,make full use of the current judicial reform provided by the assistant and the practical experience of the grassroots courts.The focus of the reform is to establish the independence of the pre-trial preparation process and the way the trial changes.The core of the reform of the trial mode is to change the current court investigation and court debate step by step approach,so that the merger of the two simultaneously,while strengthening the judge’s right to exercise.The purpose of the reform is to promote the substantive nature of the trial,to promote the "trial as the center" of the litigation system.
Keywords/Search Tags:Focus on the principle of trial, Judicial reform, Substantive trial, Pre-trial procedure, The right of interpretation
PDF Full Text Request
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