On The Construction Of The Dispute Settlement Procedure Of Civil Action In China

As the thesis of master degree, I elect the issue identification of civil pre-trailprocedure as the concern of this article, to clear out the issues of the cases beforetrail by issue identification procedure has become the common practice in manynations’civil procedure law. The pre-trail and issue identification procedure havebeen discussed by many legal scholars as always, the main value and function hadbeen approved by many people.From the civil procedure rules of civil law system and common law system,they have different economy、 legal culture、 social background etc, which maketheir laws different, however, without exception, the issue identification procedurehas become a step of great importance in civil procedure, which also play a big rulein the entire legal system.By contrast, the deficiency of issue identification procedure is a great problemof our country’s civil procedure system. Although the legislator、 scholar、 andjudicial practitioners have tried many ways to solve the issues’problems, these trailsand efforts does not work well and achieve the desire effect. By far, either inacademic、 legislation、 and judiciary， there is few further research andachievement. In practice, problems such as litigation surprise, inefficiency of trailsstill remained to be solved. Primarily, these have close relation to deficiency ofissue identification procedure, we could reach the conclusion that the constructionof issue identification procedure should be the main goal of perfection of civilprocedure.The aim of this article is to do research on the theory of issue identificationprocedure, by way of discover problems、 analysis problems、 solve problems, thisarticle analysis the deficiency of issue identification in legislation and practice aswell as its reasons. Meanwhile, this article refer to the rules in both civil law systemand common law system, imitate its reasonable elements and combine it withChinese situation, then provide plans and suggestion for construction of issue identification procedure.For the article’s structure, beside introduction and conclusion, the main bodycompose of four chapters and40thousand words.Chapter one introduce the basic theory of issue identification procedure and itsorigin, which affirm the definition and natural of issue identification procedure.Chapter two mainly focus on study and research of foreign issue identificationprocedure, compare their theory and practice as well as analyze their theory andideas, to discover something we can refer to.Chapter three mainly research the current situation of civil issue identificationprocedure in China from the perspective of all previous modification of civilprocedure, and the background and objective of each time, by that we cancomprehend the status and condition of issue identification procedure and relevantrules from dynamically and solve the problems.Chapter four makes plan and proposal for our country’s issue identificationconstruction and on the supporting systems on the basic of theory research above.