Study On The Procedure Of Sorting Out Disputes In Civil Litigatio

In civil litigation,almost all procedures revolve around the "point of contention",with evidence collection revealing the discovery of the point of contention,the collation of the point of contention clearly fixing the point of contention,and the formal court trial focusing on the use of the point of contention.The new round of judicial reform is oriented to the point of contention,and the ultimate goal is to make the trial quality.The point of contention is the logical starting point for the parties to start the litigation process and the judge to conduct the trial process,and the collation of the point of contention has a fundamental and important position for the civil litigation process.China has not set up a clear and complete system of rules for the collation of points of contention,mainly reflected in the limitation of the leading role of the parties in the collation of points of contention,inadequate confrontation around contention points,etc.And its supporting security system provisions are also relatively lacking,mainly reflected in the pre-trial conference rules of procedure is not comprehensive,the lack of the defendant’s defense restraint system,the judge’s explanation system is not perfect,the lack of reasonable party collection and exchange of evidence system.Therefore,this paper puts forward corresponding improvement measures for the existing problems,constructing the system of loss of right of reply to solve the problem of ‘indictment’ and ‘brief answer’ without the exchange,unable to form the point of contention;clarifying the division work of the main body of contention,in order to promote the active participation of the parties to contention,the introduction of ‘rationality’ review standards to enable the parties to summarize the focus of the dispute quickly,etc.The improvement of the point of contention procedure is an effective way to overcome the court trial and improve the efficiency of litigation.The establishment of the point of contention procedure is a systematic project,which cannot be realized overnight.It requires not only systematic legal theoretical achievements,but also experience and feedback in practice.