The Study On The Termination Of Oral Arguments

Academically,the doctrine of debate and the doctrine of disposition in the narrow sense of the word are compared to the two wheels of modern Civil Procedure Law.In the oral arguments,the focus reflects the state of operation on these two wheels.Despite the constant evolution of the theory and practice of civil procedure law,debate theory has been constantly revised under the impetus of the judge s interpretation right,litigation promotion obligations,and real obligations.But oral arguments is always the core of Civil Procedure Law.The theme of this paper is to discuss the specific content of the oral arguments and the discussion of the oral arguments in the institutional environment of Civil Procedure Law in China under the premise of the revised,and on this basis,make recommendations on how to improve the relevant legal norms.This article begins with a brief introduction to the concepts of the close relationship between oral arguments and the determination of oral arguments.Then,from the theoretical point of view,through logic analysis and value analysis,the important position of the determination of oral arguments in the theory of Civil Procedure Law is clarified.Taking this as a background,this paper examines the norms of Civil Procedure Law about oral arguments and its end,sums up the specific content of verbal arguments,and combines academic analysis to determine the criteria and procedures for the determination of oral arguments.On this basis,the comparison finds the deficiencies in the procedural law of China,and proposes specific suggestions for improving and perfecting the relevant systems.Chapter 1: through the analysis of academic theory,in the form of logical deduction,it points out that the determination of oral arguments is the object of litigation,the right to appeal and the right to judge,the responsibility of claim,the certificate of freedom,the burden of proof,and the convergence point of the theory of mechanics in Civil Procedure Law activities.The determination of the oral arguments is indispensable in theory.Through the value analysis,it points out that the weights of the three values of the Civil Procedure Law norms have undergone major changes before and after the determination of the oral arguments.The procedural efficiency and the status of the procedural economy have been relatively improved,and the effect of the Civil Procedure Law norms has gradually manifested.The determination of the oral arguments is important in terms of normative value.Chapter 2: Debate,as part of the traditional culture of Western society,spontaneously became the core of Western Civil Procedure Law activities,which is undoubtedly a heterogeneous existence in our cultural tradition.Therefore,it is necessary to introduce the specific content of the oral arguments.Chapter 3:Only by recognizing what the verbal argument is,can we discuss how to determine the end.By summarizing the civil lawsuits of different countries or regions in the civil law system on oral arguments,it is possible to understand the full picture of the oral arguments and understand the conditions under which the oral arguments can exist.Chapter 4:On this basis,the paper begins with the theoretical analysis and value analysis of the civil procedure standard,and discusses the conditions and procedures for determining the determination of the oral arguments.Chapter 5: The purpose of theoretical analysis is to solve real problems.Based on the conclusions drawn from the previous papers,the norms of the extraterritorial civil procedure law are taken as a reference,summarizing the current situation and shortcomings of the Civil Procedure Law norms and judicial practice on the determination of the oral arguments.Chapter 6: Combining the prospects of the development of Civil Procedure Law in China,under the predetermination that Civil Procedure Law of PRC is increasingly returning to the tradition of the civil law system,it proposes to establish a legislative proposal to determination the system of verbal arguments,and to establish or improve the supporting evidence limit.The system of loss of power,the system of identification of new evidence,the degree of restriction when the referee is publicized,the system of the basis of judgment,and the system of referee records.The final conclusion of the article generally reveals the author's thinking and thinking.He tries to start from the issue of judicial practice,from the normative level and the academic level,to the legislative and interpretation theories,and raises the practical problem to the theoretical problem to clarify the theory.Based on this,we will review the shortcomings of the norms,and then solve the problems in practice and meet the needs of judicial practice.