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Study On The System Of Civil Litigation Cases Division

Posted on:2018-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:K LiuFull Text:PDF
GTID:2416330515953702Subject:Law
Abstract/Summary:PDF Full Text Request
Currently,our country is in a period of social transformation,social contradictions is increasing.The number of cases is on the rise.The new case filing registration system brings the big trial pressure.The cases division system affirmed in the civil procedure law in 2012.But,in practice,it dosen't achieve good results.Insisting mediation and trial separation and completing cases division system are the keys to solve the problem.We should treat cases in different ways.Make the cases which are appropriate to mediation into court-annexed mediation,and make the others into the proceedings.Reduce the number of cases into trial,and make judicial resource get reasonable allocation.Cases division system is a way of diverting procedure.It means to treat different cases in different ways,according to the nature of the case.Realizing the case to diverge reasonably could raise the trial efficiency,protect the benefit outside the lawsuit,and diversified the types of dispute resolution.In other countries and areas,it had already established court-annexed mediation,or auxiliary mediation to diverge cases.And they all have achieved great success.So,we should absorb the useful experience and complete our own cases division system.This article based on the provisions of article 133 of the civil procedure law,mainly from the value of cases division system and architecture,and analysis the cases division system of other countries and areas,and unify our country's national condition to formulate our own cases division system.
Keywords/Search Tags:Cases Division System, Division Path, Court-annexed Mediation
PDF Full Text Request
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