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Realization Of Pretrial Procedure Function In Civil Action

Posted on:2015-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:Z H MaFull Text:PDF
GTID:2176330422975651Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In the countries of Anglo American law system of civil procedure, pretrial procedure isthe position of play a decisive role, and court procedures are two ways of modern civildisputes. Civil pretrial procedure is still in its infancy in China, only the trial procedure beforethe preparation phase, more do not talk to go up as an independent procedure to solve thedispute. Along with the increase in social disputes, grow with each passing day court pressure.In order to improve litigation efficiency, saving the lawsuit cost concept, the reconstruction ofpretrial procedure of our country’s macro function, in order to achieve the goal of economiclitigation, judicial justice.The core function of pretrial procedure is the finishing point of contention, fixedevidence, in order to achieve the dual reality judicial dispute resolution target pretrial and trialprocedure centralized. This requires the pretrial procedure is highly independent of trialprocedure and, on the basis of sorting out the reconstruction can function, evidence of fixedfunction play a dispute resolution effective pretrial. The provisions of the common lawcountries and civil law countries judicial idea of pretrial procedure, use the method ofcomparison analysis, based on the foreign mature experience, combined with the status quo ofChina’s judicial practice to achieve great effect of the function of the pretrial procedure inlitigation. To alleviate the court’s pressure to a certain extent, at the same time, the litigationrights of the parties and the rights of the maximum security. Finally achieve this goal,economic and efficient macro judicial justice to resolve civil disputes.
Keywords/Search Tags:pretrial procedure, function realization, sorting out, fixed evidence, disputeresolution
PDF Full Text Request
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