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Research On Civil Dispute Preparation Procedures

Posted on:2017-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y ShenFull Text:PDF
GTID:2356330485972829Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The party in order to access to the courts ruled that actually complete the collection points of dispute through the judicial process,finishing point of contention,the fixed point of contention,dispute resolution process point.Of the case point of contention Arrangement in-depth study in order to obtain scientific and rational process,in practice,can make a huge boost for judicial efficiency improvement.Our point of contention finishing system lacks mature theoretical guidance and practical basis,in the trial,the limited judicial resources are often difficult to put into the case is really important controversy to cause litigation delays,inefficiency,high cost and other issues,these issues more is especially prominent when the number of cases increasing judicial background.Faced with a similar predicament,outside of some developed countries to take the legal way of judicial reform to improve efficiency,these reforms are essential to the pre-trial proceedings as the center,emphasis on strengthening the pre-trial proceedings point of contention finishing work,in order to efficiently and high quality completion of the trial.This idea is worth our reference.The concept of a point of contention has accurate positioning is the prerequisite knowledge and research point of contention finishing the program,the first part of the article point of contention binding characteristics and operating rules point of contention finishing the program,the point of contention connotation and denotation clear.And finishing point of contention program needs to play its function of carrying values were discussed,in order to more deeply grasp the macro point of contention and finishing systems,analyze their positioning in the civil proceedings,as well as relations with other relevant systems.With respect to China,the number of extra-territorial legal point of contention finishing program developed relatively mature,worthy of discussion and study.Through the common law provided independent point of contention defragmenter and civil law point of contention perfect finishing system inspection,at the macro point of contention for finishing outside the field results to obtain a holistic understanding.Regardless of point of contention finishing operation mechanism itself,or the establishment of its related security mechanism,it is worthy of our civil procedure and draw a path to explore.China's "Civil Procedure Law" and "Supreme People's Court about apply the interpretation of the <People's Republic of China Civil Procedure Law>" of the points of dispute are referred to finishing,in particular judicial interpretation,from the guiding principles to specific policies,we have made a relatively detailed regulations,but from the establishment of a complete finishing system running point of contention,still inadequate.The main reason is the lack of support systems and uncoordinated and difficult point of contention with the finishing process.Perfect point of contention finishing program is to reduce pressure on the trial,an effective way to improve the effectiveness of the proceedings.Construction of a well-functioning point of contention in finishing our program,we need to sort out the body from the regime clear way,effectiveness,etc.In more detail,also need to improve the relevant safeguards regime in contention finishing point program effectively.Establishing point of contention finishing system is not new,the system requires not only the outcome of legal theory,but also accumulate experience in practice,feedback problems.
Keywords/Search Tags:Issus, Sorting out the issue, Pretrial procedure
PDF Full Text Request
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