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Research On System Of Time Limit For Civil Trial

Posted on:2019-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:H Z ShenFull Text:PDF
GTID:2346330545480213Subject:Law
Abstract/Summary:PDF Full Text Request
After the reform and opening up,the rapid economic development has brought about explosive growth of cases.In order to improve the efficiency of lawsuits,resolve civil disputes in a timely manner and ensure the smooth progress of economic activities,restrictions on civil trials have arisen.This system has effectively improved The efficiency of litigation has ensured the rational distribution of judicial resources and made important contributions to the stabilization of social development.However,with the development of judicial reform,some negative factors have appeared in the operation of civil trials,which has aroused discussions in the academic and practical circles.Some scholars even suggested that the system be abolished.Based on this,this paper analyzes the legal data and related literatures of the past years,analyzes the external and internal causes of the establishment of the limitation degree of civil trials,and combines the lawsuit practice to explain the current judicial chaos in the system,and on this basis,Based on the transformation of the civil litigation model,it analyzes the necessity of preserving and perfecting the limitation of civil trials,and analyzes the deep reasons for the dissimilation of the system from content design and ancillary systems,and proposes solutions.This study finds that the implementation of the registration system and the legal officer system has exacerbated the pressure of judges on trial and trial.With the transformation of the civil litigation model,the judge's weakening of the trial procedure control and the lack of party' s obligation to promote litigation have further hindered the civil judging.The normal functioning of the institutional function,combined with the lack of content in the design of the civil review and the lack of supporting systems,eventually led to the emergence of judicial chaos.Therefore,it is necessary to start with the review of rules and supporting systems,and to amend the relevant elements that do not adapt to the transition of judicial reforms and litigation models,ensure the balance of power and proponents in litigation procedures,and achieve fair and efficient trial justice.
Keywords/Search Tags:system of time limit for civil trial, exceed the time limit, judicial reform, perfection of legal regime
PDF Full Text Request
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