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On The Arrangement Of Disputes In Civil Trials

Posted on:2019-12-02Degree:MasterType:Thesis
Country:ChinaCandidate:J W XieFull Text:PDF
GTID:2436330596452178Subject:Litigation law
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Pretrial procedure is the beginning of Civil procedure.The court delivers litigation documents and the parties prepare evidences,etc.Pretrial procedures promotes the exchange of information between the parties.After the parties understand each other's evidence and claims,the parties may also have the judge's mediation to resolve the dispute before the trial by weighing the cost of litigation.Pretrial procedure has the ability to collect fixed evidences,sorts out disputes and promotes dispute resolution,and pursuits of justice and efficiency value.Issues Arrangement is an important function of the Pretrial procedure.Issues are disputed matter or claim between the parties that must submit by the parties.Factual issues are main facts that the parties claim lead to specific effects,indirect facts associated with major facts and auxiliary facts that whether and how dispute.Legal issues are disputes between the parties regarding how to apply the law.Evidence issues are the parties' disputes over the ability and power of evidence.Evidence capacity refers to the qualifications that a material should have in form as evidence.It solves the problem of the admissibility of evidence.The ways of Issues Arrangement include writing,conference,and debate,apply different types of cases.After Issues Arrangement,Issues bind on both parties and judges,they are the final result of pretrial program operation.Trial focused on issues will improve efficiency.In judicial practice the relevant supporting systems for Issues Arrangement is not effectively implemented.Issues Arrangement does not run well in the Pretrial procedure.The Pretrial procedure is in a state of confusion both in legislation and in practice.Not only does it have an impact on follow-up trials,it also makes it impossible for effective Issues Arrangement.Our country does not set up the right of reply.Defendant's late reply is widespread,and the facts of the case cannot be fully collated in the pretrial procedure.Term of Adducing Evidence has been adjusted in legislation,and convert to timely submission.However,the parties rarely bear the consequences of the voidance of testimony,overdue proof is still the norm,and seriously affects the efficiency of litigation.The judges of our country turned toinformal trials to prepare for trial.But mainly to understand the facts of the case,Rarely arrange issues.And It is also difficult to protect the procedural rights of the parties in an informal hearing.Issues Arrangement itself lacks operability in legislation.The negative attitudes of judges in the pretrial procedures have affected the effective collation of Issues Arrangement.The court attempt to arrange issues in Pretrial procedure often end in failure.Based on Issues Arrangement of the judges in the trial,Issues Arrangement is appropriate both in theoretical and practical.Therefore,Issues Arrangement should be carried out in the civil trial,and realize function and value of Issues Arrangement.Oral Trialism in Germany and Japan weakens two stages of litigation,pretrial procedure and trial.In our country lawsuit practice also because the pretrial procedure function fails to pay attention.It is not suit litigant stage to Issues Arrangement.Debatingism and discipline also require Issues Arrangement.Issues Arrangement in the civil trial is characterized by immediacy,efficiency,and accuracy.Collaboration requires courts and parties to work together to arrangement issues.The parties are in a dominant position and judges are in a passive position.The current trial structure in our country is to conduct court investigation and conduct court debate.However,submitting new facts and new evidences in court disrupt the current trial construction.There is also a problem of repeated cross-examination under the current trial construction.The trial constitution merges that the existing law should change the practice of court investigation and court debate separation,and the court is no longer divided into two stages: court investigation and court debate.Intermodulation theory according to the German and Japanese civil litigation,court reconcile two phases of current trial.Activating court debate and improving the effectiveness of court-focused court investigation.The merger statement is still based on the sound operation of Pretrial procedure.The tone of reconciliation has a heavy blow to the structure of our lawsuit,both not desirable.Trial construction affects the practice and efficiency of collating.After examining German and Japanese verbalism,Our country should incorporate oral arguments during the court investigation stage,correct the trial structure,arrangement issues in oral argument.Issues Arrangement in the civil trial cannot be separated from the institutional safeguard of the procedure for the petition and the clarification of the judge's rights.The broad appeal process includes the trial stage,the facts on which a party's request for a lawsuit is based and the corresponding refutation and defense of the opposing party's claim until the end of the court debate.The petition procedure should standardize the parties' indictments and pleadings.The right to clarify guarantees fair trial,prevent judges from raiding.The specific paths for collating in the civil trial include written and debate.Written controversy to sort out cases where the facts of the case are clear,the dispute is not controversial,or the parties submitted all the litigation materials before the trial,can be at any time during the court investigation.Debate dispute points collate cases in which the circumstances of the case are complex,disputes are serious,or the parties submit incomplete litigation materials before the trial,can be done at the beginning of the trial.quickly organize disputes through oral arguments of the parties.Efforts to effectively collate in trials can reduce the number of court sessions,to achieve procedural and substantive justice.At the same time,it can also realize the substance of debatingism.
Keywords/Search Tags:Pretrial procedure, Issues Arrangement, Trial Construction
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