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Research On The Construction Of Staged Court Trial From Concentrated Trial Perspective

Posted on:2017-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:L LiFull Text:PDF
GTID:2346330488472459Subject:Civil justice
Abstract/Summary:PDF Full Text Request
Originated in Anglo-American law of collective inquisition has become one of the important principles of modern civil litigation, because litigation can effectively solve the delay and attract civil law countries followed suit, and in the process developed from the principle of centralized inquisition. The value lies in the trial focused on the efficiency of dispute resolution, progressive point of contention and evidence organize and carry out activities and review of the evidence to prove force under court proceedings and pre-trial procedures are concentrated. In the trial-centrism, the trial is the main place for dispute resolution, style and design works on its programs closely related to concentrate on trying to achieve. Our main trial court is divided into a prior investigation and court debates in two phases. With the reform and change the social context of the judicial system, which caused the court staged construction investigation and court debate on the duplication of functions, court investigation in the absence of point of contention guidance blindly evidence investigation and court debates functional decline and other issues. Impartiality and efficiency of the court proceedings so that the century theme of reform is urgently needed.This paper aim at reseting the trial stage of the program of construction of the main line, supplemented by the path to improve the pre-trial procedures. to promote and enrich the trial focused, enabling the entire civil procedure in resolving disputes on the legitimacy and efficiency.Addition to the introduction of this article is divided into five parts, as follows:Part I: Overview of collective inquisition. This section will focus on the concept of inquisition, development and classification theory simple exposition on the relationship and expound collective inquisition proceedings, pointed out that the trial design style scientific and efficient operation of the realization of collective inquisition a necessary requirement. And from the overall structure of civil litigation pretrial procedures set forth for trial efficiency and the necessity to concentrate on trying to achieve.Part II: Status of court proceedings stage of construction and problems. This part of the trial procedure set forth in the relevant provisions of the Civil Procedure Law and judicial interpretation and practice of specific actions. Under the current situation due to a series of issues discussed current stage of construction brought about, and the like to produce the main causes of the problem were analyzed.Part III: Two Legal structure of civil proceedings. This section using comparative approach to the United Kingdom, Germany, the United States and other common law countries and civil law countries, Japan's proceedings the detailed description and analysis, the phase of construction is not China's "unique", and path selection and system Construction experience of reforms of court procedures can learn.Part IV: Phase of "Keeping with the waste" Comment and Path. In this section, the court of scholars advocated merging the basis of investigation and the path of the court debate on the analysis of our trial phase of "Keeping with the waste" to demonstrate the conclusion that the reform of court procedures in the holding period of the conduct forensic investigations and court debate on the basis of the location of the exchange. In order to activate the court debate and court investigation functions, improve the efficiency of court procedures.Part V: Reflections court proceedings after Reconstruction of pre-trial proceedings. On the basis of court proceedings on remodeling, improve pre-trial procedures on the need to concentrate on trying to achieve doctrine. In reference to extraterritorial action and local cultural background considerations, by demonstrating China's current common law as a template established the pretrial procedure in our litigation system localization of alienation and exclusion. Referring to obtain an optimal manner based on German and Japanese Pretrial procedures, establish a "preparation and maturity main" proceedings, and ultimately make the system of pre-trial procedures specific design style.
Keywords/Search Tags:concentrated trial, court investigations, court debate, stage of construction, pretrial procedure
PDF Full Text Request
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