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Research On The Pre-trial Procedure Of Civil Litigation

Posted on:2020-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:L L ChenFull Text:PDF
GTID:2436330572986984Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The reform of the pretrial procedure of civil litigation is an important part of China's judicial reform.Under the background of the implementation of the registration system and the legal officer quota system,the improvement of pretrial procedures is of great significance for improving the efficiency of trial trials and diverting disputes.The pretrial proceedings of civil litigation originated from the Anglo-American legal system,and have the functions of fixed litigation elements,sorting out disputes,and independently resolve disputes.The civil pretrial procedures of the Anglo-American legal system countries have strong independence.The civil law countries also attach great importance to the role of pretrial procedures to improve the concentration of court trials.The two major legal systems countries have explored measures to optimize pretrial procedures in practice.The preparatory stage before the trial in China is not a complete and independent civil pretrial procedure in the strict sense.There are still some areas to be refined and improved in terms of evidence exchange,fixed-point disputes,and pretrial conference system.The program is also set up.There is no balance between the parties and the court's litigation status.The article proposes that the principle of synergy and centralized trial should be taken as the theoretical basis of pretrial procedures,and the optimization of China's pretrial procedures should be realized by strengthening the judge's interpretation rights,perfecting the dispute sorting procedures,evidence exchange procedures,and pretrial meetings.
Keywords/Search Tags:Pretrial proceedings, pretrial meetings, exchange of evidence, judge interpretation
PDF Full Text Request
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