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Civil Procedure middle referee research

Author: YuanYuan
Tutor: XiaoJianHua
School: China University of Political Science
Course: Procedural Law
Keywords: Referee Civil Procedure Party Relief measures Systems Analysis Dispute Civil Justice Reform Formal Rationality Germany Measures to ensure
CLC: D915.2
Type: Master's thesis
Year: 2006
Downloads: 123
Quote: 0
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Abstract


For highly effective and fairly solution lawsuits and disputes while fully safeguards litigant’s legitimate rights and interests, we needs to establish the interlocutory referee system in the legal procedure, uses each kind of different referee form to reasonable assistance the lawsuit to carry on, the promotion of dispute’ rapid solution and the safeguards of litigant’s rights and interests, with the referee corresponding relief measures. In our country present interlocutory referee of civil action procedure has been too simple to adapt this demand. The reformation of civil judicial needs us to ponder how to consummate our country’s interlocutory referee and how to systematical fuse interlocutory referee in the civil procedure. The establishment of interlocutory referee, which can well tally our country national condition and the modern society needs, has become to be the necessity.This article studies is precisely in the legal procedure interlocutory referee. The article through is connected the elementary theory to the interlocutory referee to carry on the discussion, and careful and the detailed inspection of the legal regulation of US and Germany, then carries on the analysis to our country present interlocutory referee’s flaw. In this foundation pondered the interlocutory referee’s feasible perfect ways, to the time obtains to our country legislates the perfect beneficial enlightenment.The article mainly by the introduction, the main text, the conclusion and the reference, four parts is composed.The main text partially divides into four chapters:Chapter one is the generalization of interlocutory referee. This chapter introduces the concept of the interlocutory referee, and then distinguishes it from other similarity concepts to avoid confusion. Finally, is the further study by the analysis of different types of interlocutory referee and the value of the interlocutory referee.Chapter two is the comparison and introduce of the interlocutory referee in foreign legal systems. This chapter carries on the legislation inspection to American and Germany, the two legal systems’ representative country’s civil action system of interlocutory referee. By the exhaustive and careful analysis of these two countries’ interlocutory decision types, the contents and the relief measures, obtains the summary and the enlightenment in the comparison test foundation.Chapter three is the analysis of the flaw of our country’s interlocutory-referee. This chapter inducts our country’s interlocutory referees’ flaw to four aspects, and then carries on system analysis.Chapter four ponders the perfection of interlocutory referee in our country. This chapter is the key chapter of this paper, mainly is to puts forward the feasible proposal of the perfection of interlocutory-referee in our country.

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CLC: > Political, legal > Legal > UNIVERSITY > Procedural Law > Civil Procedure Law
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