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Judicial Practice Of China's Civil Service And Its Solution

Posted on:2020-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:J N XingFull Text:PDF
GTID:2416330602953892Subject:Law
Abstract/Summary:PDF Full Text Request
As a procedural system,civil service plays an important role in all aspects of civil litigation,which will greatly affect the efficiency and fairness of the whole litigation process.However,in judicial practice,civil service has exposed many problems,such as long time consuming,low efficiency,incomplete system construction,etc.Therefore,it is necessary to improve legislation,technical operation and so on.The author served in a grass-roots people's court in Dalian,using the convenience of work,randomly selected 400 cases,the final mode of service of selected cases was counted,summarized into tables,to a certain extent,the application of civil service in our country was intuitively reflected.Then,starting from the current situation,this paper analyses the problems existing in the application of civil service from the practical point of view,and from six common legal service modes,it analyses the problems and obstacles in operation one by one.Finally,the specific suggestions to solve the above problems are put forward,aiming at improving the efficiency of civil service,improving the environment of civil service and saving judicial resources in our country.At the same time,I hope this paper can make people pay more attention to civil service.The structure of this paper is divided into five parts:The first part is the basic theory of civil service in China and the research ideas and methods,including the concept and significance of civil service,civil service methods and the basic value analysis of civil service,and introduces the research ideas and methods of this article.The second part is the analysis of the legislative status and operation effect of civil service in China.Firstly,this paper summarizes the provisions of civil service in Chinese laws and judicial interpretations.From the first appearance of civil service to the third amendment of the Civil Procedure Law by the Standing Committee of the National People's Congress in 2017,it describes the historical evolution of the Civil Procedure Law.Secondly,from the actual situation of civil service operation effect analysis,the author selected some actual contact cases in the work,more intuitive reflection of the current situation of civil service operation in China,for each mode of operation of comparative analysis,trying to explore the underlying causes.The third part focuses on the introduction of extraterritorial service system.The author selected four representative countries in common law system and civil law system.From the perspective of service system of the four countries,the author made an investigation and analysis,contrasted each other and found out the rules,hoping to find out the advanced practices and experiences that can adapt to our National conditions.The fourth part mainly carries on the problem analysis,the author combines the problems found in the application of civil service in daily work to summarize,as the basis of the relevant improvement measures put forward later.In the fifth part,aiming at the problems found in the civil service in this paper,the author aims to find out the solutions and perfect measures.
Keywords/Search Tags:civil service, mode of service, the service system
PDF Full Text Request
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