Font Size: a A A

Research On Related Issues Of Civil Litigation Reform In China

Posted on:2019-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:S LiFull Text:PDF
GTID:2416330572954879Subject:Chinese Marxist Jurisprudence
Abstract/Summary:PDF Full Text Request
Justice is the soul and lifeline of the judiciary,and it's the common goal pursued by the human society.Our country continuously carries on the judicial reform,the most important goal is to achieve judicial justice.At present,China's civil litigation reform is aimed at making the public feel fair and just in every civil case.This paper discusses the meaning,effectiveness and characteristics of civil lawsuits,elaborates the value of civil lawsuits,and analyzes the meaning and concrete embodiment of judicial justice.On this basis,it analysis the problems existing in the operation of civil litigation in China,including the lack of selection and supervision mechanisms of the court,the court's funds is from the government,administrative activities intervening in judicial trials,and the lack of judicial disclosure timely,not establishing a normalized supervision mechanism for the judiciary,the witness' s false testimony rate is high,the investigation rate of perjury is low,and the lack of witnesses testify truthfully protection mechanism,the weak public perception of integrity,the lack of coordination between the legal provisions on enforcement,and the inability to distinguish between implementation and enforcement.This paper explains the reform measures of China's current civil lawsuits,including improvement to ensure independent and fair exercise of judicial power according to law,comprehensively promote the civil trial process,judgment documents and the implementation of information disclosure platform construction,set up witnesses to sign guarantee system,strengthen the performance of credit supervision and so on.This paper analyzes the legal connotation behind the extraterritorial related system,through studying the reform measures outside the domain,we can draw lessons from our civil litigation.On the basis of this,combined with the objectives of China's civil litigation reforms,it proposes to improve the reform proposals for civil litigation in China,including improving the selection mechanism of the court staff,reforming the court's financial management system,improving the circuit court system,improving China's civil trial process,referee documents and enforcement information disclosure,clearing legal responsibility of civil witnesses,considering the introduction of the system of perjury failure,supporting measures and punishment mechanisms for signing guarantees,enriching the legal provisions for trustworthiness legislation,formulating a unified enforcement law,and improving relevant measures for implementing credit supervision and so on.In order to achieve the goal of China's civil litigation reform,and strive to explore the pursuit of judicial justice the way forward.Every judicial reform can not be separated from the pursuit of judicial justice,only the reform that truly adapts to judicial practice can meet the needs of society,such reforms can truly achieve judicial fairness in the end.
Keywords/Search Tags:Civil litigation, Judicial justice, Judicial independence, Judicial publicity
PDF Full Text Request
Related items