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A Study On The Pretrial Conference System Of Civil Procedure In China

Posted on:2019-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y GaoFull Text:PDF
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The system of civil pretrial conference formally entered into China's legislation in the form of interpretation of Civil Procedure Law.Its emergence has a positive impact on China's civil procedure.From the legislative point of view,as a new system of civil litigation in China,it absorbs and draws lessons from the advanced concepts and experiences of civil litigation in Anglo-American law system and continental law system.It perfects the pretrial preparation procedure,and provides an effective way for sorting out disputes,exchanging evidence and reconciliation.From the practical point of view,from the beginning of the 21 st century,many courts in China have explored and practiced the pretrial conference.The emergence of pretrial conference is an organic combination of advanced judicial ideas and local practice in civil litigation,which embodies the value pursuit of justice and efficiency.Before the implementation of the interpretation of Civil Procedure Law,there were a lot of studies on the pretrial preparation procedure,and the research on the pretrial conference of civil procedure was a part of the pretrial preparation procedure,but there were few thematic studies.After the implementation of the interpretation of Civil Procedure Law,the theoretical and practical circles have conducted extensive research on the pretrial conference of civil procedure.However,due to the inconsistency in understanding the function orientation,application scope,content and convening procedure of the pretrial conference of civil procedure,the pretrial conference operation is not standardized and its function is not sufficient.By using the methods of literature reading,data analysis and case analysis,this paper expounds the origin of the concept,legislative basis and value objectives of civil pretrial conference.Taking the actual operation of civil pretrial conference meetings of the people's courts in S and H districts as the breakthrough point,this paper analyzes the current operation situation and existing problems of civil pretrial conference and then proceeds from health to health.Four suggestions are put forward on legislation of the whole pretrial conference,clarifying the scope of application of the pretrial conference,regulating the content of the pretrial conference,and improving the procedure of the pretrial conference meeting in order to further improve the pretrial conference.In short,the emergence of the system of pretrial conference in civil litigation is a pioneering symbol of judicial reform in civil litigation in China,and it also provides new ways and means for the judicial practice community to improve the efficiency of litigation.However,in order to play an active role in trial practice,the pretrial civil conference needs a long-term process from legislation to perfection,and it needs to constantly explore and sum up its experience on the basis of judicial practice,so that it can be closely integrated with China's civil procedure laws and regulations.It's worth something.
Keywords/Search Tags:Civil Procedure, the Pretrial Conference, Sorting out Controversy Points of Cases, Exchange of Evidence, Promote Reconciliation
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