Research On The Procedure Of Civil Issue Arrangement

The word "issue" can be said to run through the whole civil trial.If we grasp the focus of the dispute,we will grasp the core of the trial.With the deepening of the reform of civil trial,the mode oftrial "centered on issue" has been explored gradually.However,the achievement of finding,arranging and following the issue for trial needs a complete set of issue arrangement procedure.Therefore,it goes without saying that the value of studying the procedure of issue arrangement.This paper is divided into four chapters in the structure.The first chapter is the elaboration of the basic content of the procedure.First of all,combining with the practice and academic field,this paper defines the concept of the issue,the procedure of issue arrangement,and gives its own views.Then,it discusses the function of the procedure from four aspects,and realizes the significance of the procedure to the trial practice.Furthermore,the legal basis of this procedure is the Principle of cooperation and concentrated trial.The second chapter is the key chapter of this paper.This chapter analyzes the application of issue arrangement in three kinds of different cases.The first section takes the dispute of road passenger transportation contract as the case support,and considers the specific process of issue arrangement,that is,identification,construction and arrangement.In the second section,the author chooses the dispute of private loan which occupy a large proportion in the judicial practice,constructs the relationship between the essential facts and the issue arrangement,and illustrates how the issue stand out in the attack and defense of the procedure of first instance and second instance.The third section selects a case of infringement of design patent rights,relying on the civil judgment of the first,second instance and the court video of the second instance,evaluating and analyzing the application of issue arrangement in the case.The third chapter is an important chapter of this paper.Looking at the current situation of foreign legislation,China is a little sparse and lagging.By combing the relevant provisions of legislation and judicial interpretation in China,the author summarizes the existing problems as follows: weak binding force of pleading and defense activities on the parties;unbalanced role sharing between judges and parties;too single way of issue arrangement.In addition,combined with the collected practice samples,the exposed problems are: the consciousness of the issue between the judge and the parties in the pre-trial preparation is weak;the confrontation around the issue is not sufficient;the judge controls the scope of the issue improperly;the "traces" of issue summary in the judgment is less.The fourth chapter is about the improvement of the procedure of issue arrangement.It mainly includes three aspects: improving the main function,sorting out the form of contention and procedure mode.In order to make the procedure run well,it is necessary to guarantee the surrounding system.The author mainly elaborates from three aspects: improving the evidence exchange and pretrial conference system,establishing judge interpretation system,and updating the mode of court trial structure.