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Research On Civil Trial Process Management System Of People 's Court

Posted on:2015-12-01Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2176330422973027Subject:The civil procedure law
Abstract/Summary:PDF Full Text Request
As the basis and main place of the judicial reform, the people’s court bear heavytrial tasks, especially for recent years, with the large increase in the number of civilcases, the pressure faced by the people’s court is also increasing, what’s worse is thejudicial process for civil cases is un-standard. In our legal practice, it is common tosee the phenomenon of the abuse of judgment power, such as overdue judgment,judgment without performance, performance without results and so on, especiallyafter being reported by the media, it will cause un-healthy social impact, influence thepublic’s confidence in justice, and have a bad effect on our judicial image. If theseproblems can not be solved timely, it will not only disobey the police of rule by law ofour country, but also impede the judicial reform and the legal process. In order to stopthose un-healthy phenomenon, realize the deep reform of trial mode,strengthen outthe management function,rule the judicial process, perfect supervisorymechanism,insure the efficiency of trial, guarantee the implement of the judicialprocess system, against the drawbacks such as the overweight administration color ofthe judicial management mechanism,the lagging notion of justice of the staff in thecourt and so on, as a systematized autonomy procedure—the civil trial processmanagement system comes into being. It is a trial management system and integratedmanagement procedure which is used by specialized agency to organize, manageand track cases according to different parts and stages during the trial process.As one of the reform measures of the people’s court, the civil trial processmanagement was ruled by the supreme people’s court in the “five-year reform outlineof the people’s court” in1999.This regulation did not rule the new managementsystem in detail, every people’s court has its own process management rules, but thedepartments which is responsible for the management, the enforcement modes andprinciples are not uniform, which leads to large differences among different people’scourt, in terms of in theory and practice.To solve the problems mentioned above, perfect trial process of our people’scourt, this paper mainly conducts the analysis from seven parts:the first part is aboutthe concept, functions and legal basis of the civil trial process; the second partintroduces the current situation and existing problems of the civil trial process systemfrom the internal aspect and the external aspect; the third part is concerning on the useand breakthrough of computer technology in the process management for casas; thefourth part introduces two examples which are successful in the reform of the civiltrial process system; the fifth part explores the room for improvement in this systemin our country by comparing with the civil trial process system in England andAmerica; the sixth part summarizes practical countermeasures and suggestionsaccording to the details mentioned above.Through the integral and systematic analysis on the current situation and existingproblems in the civil trial process management of our count,this paper is trying tomake contribution to the establishment of the effective process management systemand deepen the reform of the judicial system.
Keywords/Search Tags:people’s court, civil trial process management, justice and efficiency
PDF Full Text Request
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