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Research On The Arrangement Of Issures In China's Civil Litigation

Posted on:2019-06-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y J AiFull Text:PDF
Abstract/Summary:PDF Full Text Request
The determination of issues affects the direction and scope of the whole lawsuit.The countries of Anglo-American law system and civil law system have paid more attention to the research on the arrangement of issures,but China's civil litigation didn't stipulate the point of contention until the revision of the 2012,and the provisions of judicial interpretation of civil litigation law in 2015 made the process of competition in China preliminary.Therefore,there are some defects in the legislation and judicial practice in our country's research on the arrangement of issures,which needs to construct a complete procedure to ensure the litigant's lawsuit right and safeguard the lawsuit justice.Based on the experience of the actual cases,this paper gives some thoughts on the necessity of setting up the issues arrangement procedure in view of the long time of the case trial and the confusion of lawsuit in the trial process of the case.The second part is the summary of the process of the civil litigation,including the concept,scope and the value of the competition point of civil litigation.In the third part,according to the time order,the paper analyzes the present situation of legislation and judicial interpretation of the disputes in civil litigation,and focuses on the difficulties in the judicial practice,which is the basis for the follow-up of the extraterritorial reference and the improvement of the system.In the forth part,it is not the simple arrangement of the national system,but the comparison and analysis of the arrangement of issures in some typical countries,in order to draw lessons from the construction of civil dispute points in China.The fifth part is the main part of this paper,that is,the concrete proposals to reconstruct the process of the issues arrangement in civil litigation.Based on the judicial practice and drawing on the advanced experience of other countries,this paper puts forward suggestions from the aspects of finishing the subject,the scope of application,mode,effectiveness and various security systems,and hopes that this paper can make a modest contribution to perfecting the process of civil litigation in our country.
Keywords/Search Tags:the arrangement of issures, pre-trial procedure, trial quality and efficiency
PDF Full Text Request
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