Research On The Arrangement System Of Civil Litigation Disputes And Its Perfection

In the judicial practical civil litigation in China,the problems such as delayed litigation and low efficiency of litigation have long existed,and the fundamental cause is the inability of judicial system to effectively control the formation of the controversial focus.The issue,which refers to the focus of controversy between the two parties in civil litigation on the facts,evidence and application of law,is the key point for timely and efficient resolution of civil disputes.Therefore,effective control of the focus of controversy means an actually effective control of the civil litigation itself for improving the overall efficiency of civil litigation procedures,especially for promoting the orderly and efficient operation of the trial.From the perspectives of the theoretical research and the current situation of legislation and judicial practice of issue arrangement,it is not possible to constitute a systematic understanding of the system of issue arrangement for the time being.However,the current direction of trial substantiation and centralized trial determines that the overall institutional construction and procedural structure of civil litigation issue arrangement is necessary.Therefore,through the combing of the existing literature,this paper sorts out the current institutional dilemma from the theoretical connotation of the basis of the issue arrangement,and the current situation of civil action system in China,and then explores the path suitable for the institutional construction and procedural structure of the issue arrangement in China by taking the reliable foreign judicial practice as reference.This paper contains four main chapters in addition to the introduction and conclusion.The first chapter mainly clarifies the theoretical connotation of issue arrangement in civil procedure.The clarification of the theoretical connotation of the basis of issue arrangement is not only the theoretical basis for the construction of the issue arrangement system and the improvement of related procedures,but also a key step to conduct a practical study on the issue arrangement system in civil procedure.The second chapter is an in-depth reflection on the current situation of the issue arrangement system in civil procedure.It analyzes the current situation of the issue arrangement system in civil procedure in China from the perspectives of the legislative provisions and judicial interpretation provisions.Then,from the perspective of the judicial practice of the issue arrangement system,this paper analyzes the problems of the issue collection,issue negotiation and issue fixing stages in the issue arrangement.Finally,it analyzes the dilemma of the lack of binding effect of point collection,the strong arbitrariness of point negotiation and the weak effectiveness of point fixation in China’s civil procedure point collation system from the institutional level.The third chapter focuses on the model and principle of issue arrangement in civil procedure.This chapter compares in detail the issue arrangement models in the two judicial environments of common law and civil law systems,and summarizes the horizontal and vertical issue arrangement models,respectively.Then,through the analysis of the principles of the two different models,it proposes the direction of thinking that is beneficial to the construction of the issue arrangement system and the improvement of the procedure in China.The last chapter is the core content of this paper,which mainly involves the perfection and articulation of the procedures related to the collation of civil litigation points.First of all,it proposes the improvement path of the issue arrangement in civil procedure system based on China’s national conditions.Then,it propose specific suggestions for the adjustment and improvement of the current procedures of civil litigation,including the system of answering in the issue collection,the system of judge’s explanation in the issue negotiation,the procedure of evidence exchange,the system of pre-trial conference,and the system of evidence loss in the issue fixing.Finally,it takes an overall consideration of connections of the issue arrangement-related procedures under the framework of the civil litigation system.