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Research On The Pre-trial Procedure Of Civil Litigation

Posted on:2020-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:W N WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
Pretrial procedure in civil procedure is a relatively independent procedural stage in the civil procedure.Pretrial procedure in civil proceedings refers to a series of activities carried out by the court,under the auspices of the Court,from the opening to the hearing,under the chairmanship of the courts,with the parties and other participants in the proceedings on the settlement of disputes and the improvement of the efficiency of the trial.Including the Screening of the Cases,the Consolidation of the Evidence.A well-established and efficient pretrial procedure can play a huge role in resolving disputes and reducing disputes.However,China's civil Procedure law only provides for "pretrial preparation",and does not carry out systematic and comprehensive provisions on the pretrial order of civil litigation in legislation.The provisions of the legislation are not perfect yet,which has caused great distress to the practice.In practice,the situation of poor implementation and selective implementation is more prominent.How to perfect the pretrial procedure to ensure the efficient and orderly conduct of litigation has become a topic of common concern of both theoretical and practical circles.The existing research,in the pretrial procedure function,the value and so on has made the thorough analysis,the summary.However,with the development of practice,there are new problems and old diseases in the pretrial procedure,which affect the realization of the function of pretrial procedure.It is necessary to further strengthen the research on the theoretical and practical problems of pretrial procedure.On the basis of the existing research,this paper makes a detailed interpretation of the function and value of the pretrial procedure.According to the development of civil pretrial work in our country,this paper summarizes the historical development of civil pretrial stage in our country.In addition,using the research method of comparative study,this paper selects the more representative contents of the pretrial procedure in the Anglo-American legal system and the German and Japanese countries.For example,the Anglo-American law system of the Prosecution Procedure,the Evidence Discovery Procedure,the early first period of Germany procedure,the Japanese special system of procedure.On this basis,this paper summarizes the problems of the judges ' competence and the unclear rights and obligations of the parties in the pretrial procedure,the lack of the right to lose power,the lack of uniformity in the collation of disputes,and the absence of the effective connection between the pretrial procedure and the trial procedure.In view of the above problems,on the premise of the specific situation of civil litigation activities in China,this paper,referring to the procedural settings of extraterritorial countries,puts forward some concrete suggestions for continuing to improve the pretrial procedure.First,the court prepares in concert with the parties.The transformation of the existing model of court domination of pretrial procedure and the granting of more rights to the parties to participate in pretrial proceedings can stimulate the participation of the parties and induce the parties to make full exploration of the facts.Secondly,the establishment of pretrial procedure assistants.The Assistant is responsible for the work of the pretrial procedure,and tries to avoid the phenomenon of the judge's mediation and the role of the trial,so as to guarantee the fairness of the trial.Thirdly,it clarifies the factual focus and legal focus of the case dispute.Through the unity of the content,the parties are more aware of the decision process of the court and more receptive to the outcome of the court's decision.In addition,it includes suggestions on clarifying the consequences of untimely reply,regulating pretrial mediation,pretrial procedure and normative connection of trial proceedings.Through the continuous improvement of the pretrial procedure,the function of resolving disputes,diverting cases and improving the efficiency of litigation before the pretrial procedure is realized,so that the pretrial procedure should better serve the trial work.At the same time,to help the parties more convenient litigation activities.To achieve the value of fair and efficiency.
Keywords/Search Tags:Pretrial procedure, Civil procedure, Evidence exchange, Losing the effect of defense
PDF Full Text Request
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