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Empirical Survey On The System Of Meeting Before Trial

Posted on:2018-09-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q PengFull Text:PDF
GTID:2346330518981892Subject:Law
Abstract/Summary:PDF Full Text Request
This paper conducts a comprehensive study on the court situation of the civil pre-conference system of Y city C county People’s Court in Hunan Province,from the pre-court meeting of the process,rules,as well as the presiding presidency of the meeting to hold the pre-session meeting time,the number of ways and the way to conduct a comprehensive introduction.We can easily find that there are several major problems in the system in the course of the operation,the civil pre-conference system status is not independent,start a single way,the process is too simple,the content and scope of application is unknown and so on.The main reasons for this problem are the impact of the idea of the liturgical thinking of the heavy entity,the value of procedural justice is ignored by the legislator and the judicial staff.Due to the lack of supporting system support,the function of the pre-session meeting is difficult to achieve.In order to make the civil pre-conference system run well in practice,it is necessary to take the following measures: first,reshape the program-based concept;the secondly,from the civil pre-conference system itself,should be applied to civil court meeting system to clarify the scope of the case;to fully mobilize the parties in the civil court meeting in the positive role;improve the judge’s assistant system to enhance the judicial capacity of judges,Play the leading role of the judge in the pre-civil meeting;Finally,from the relevant supporting system,should be conditional implementation of the system of loss of the right to compromise and evidence of the system,so that those who abide by the rules of law by legal protection,violation of legal rules by the legal sanctions.Only in-depth analysis of the existing problems of the system,and the right medicine,in order to achieve the desired function of the system.
Keywords/Search Tags:pre-trial meeting, pre-trial preparation, loss of evidence, loss of answer, Assistant judge
PDF Full Text Request
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