Research On The Procedure Of Sorting Out Issue

In the current judicial practice of China,some problems,such as lack of emphasis in the trial or omission of trial points,are very prominent and the phenomenon of causing the deviation of the trial center also occurs frequently,which ultimately leads to the unclear examination of the facts of the case as well as the unfair result of the judgment.The main reason is that the lack of perfect issue arrangement procedure caused that the issue cannot be fixed before the trial.In brief,issue is the dispute focus between the parties and the core of the whole civil suit,and the essence of civil suit is actually collecting,arranging,fixing,and resolving the issue.However,the achievement of finding out the issue accurately and fixing it needs a complete set of issue arrangement procedure.In the reform of trial quality optimization,“the establishment of issue trial mode,with the issue as the main line” is listed as an important reform content.Accordingly,the study on the problem of issue arrangement is of vital importance in such a great reform background.Therefore,this paper deeply studies the problem of issue arrangement,which plays an important role in the optimization of trial effect and improvement of judicial efficiency in practice.This paper contains five chapters.The first chapter is "Introduction",which mainly describes the background and significance of this paper,research status,content and methods of research,as well as the innovation and shortcomings of this paper.Among them,the greatest innovation of this paper lies in integrating the parties' right of disposition into the definition of the issue arrangement procedure theoretically and proposing that the issue arrangement procedure should contain two levels of meanings,finding out the issue and excluding the matter that doesn't have the issue.The second chapter is “Summary of Civil Issue Arrangement Procedure”.First of all,it defines the concept of civil issue arrangement procedure mainly by the way of separating the understanding of “issue” and “issue arrangement”.Then,by comparing the relationship between the issue arrangement procedure and other relevant litigation procedures,as well as discussing the function of issue arrangement procedure,it deepens the understanding to the issue arrangement procedure.The third chapter is titled “the investigation of extraterritorial system of the civil disputation process”.Compared with the immature theory and system absence of the civil disputation system in China,foreign countries have some mature experience in this field.Through a comparative analysis of the procedures of civil disputation of countries with different legal systems and different legal systems,this chapter will focuses on the investigation of the civil disputes settlement procedures in Anglo-American law system and Continental Legal System countries so as to summarize the enlightenment on the establishment of the civil disputation procedure of our country,the most important of which is to confirm the efficacy of civil disputation procedure.Chapter four is titled “the current situation and reflection on the civil disputation process of our country”.It narrates the status quo of the civil disputation process of our country from the perspectives of the present legislative and judicial situations,problems and causes and the logic of civil disputation under the instruction of the reform of court hearings optimization.The problems of current civil disputation system of our country include the lack of pertinent laws and regulations and the differences in the subjects and approaches of civil disputations in judicial practice,etc..The fifth chapter is“the establishment of civil disputation process from the perspective of the optimization of court hearings”.This chapter serves as the core of this thesis.Though the above analysis,this thesis think constructing a civil disputation process in accordance with the current judicial situations of our country,of which,the most distinctive feature is that this thesis establishes the civil disputation process with a goal to promote the optimization of court hearings so that it will be more feasible,with practical significance.Improving the civil disputation process is an effective way to implement the trial mode of civil disputation,avoid a perfunctory court hearing and achieve greater litigation efficiency.To establish a set of mature and sound civil disputation process,in addition to devise the improved civil disputation process,other correlative systems should be emphasized to ensure the civil disputation process run smoothly.Meanwhile,the author is clearly aware that the establishment of civil disputation process takes time,and is a still a long way to go.