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Pretrial Procedure in Civil Action Theory and Practice

Author: DuanXiaoBo
Tutor: YangXiuQing
School: China University of Political Science
Course: Legal
Keywords: Civil Pretrial Procedure Civil action Theory and Practice Pre-trial proceedings Reform and improve Two Schools Procedural reforms Development and evolution Situation Analysis Civil Justice
CLC: D915.2
Type: Master's thesis
Year: 2004
Downloads: 94
Quote: 0
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Abstract


Development of civil litigation from Western countries , the emphasis on their common trends into pretrial hearings and trial activities both, pretrial procedures in civil litigation has increasingly become a very important stage, but in our country, civil pretrial program has long been neglected by civil legislation and judicial , there has not been strictly pretrial procedures , which is why over the years of the Civil justice crux not out of the woods one . Based on the basic theory of pre-trial proceedings exposition , combined with two legal typical state on pre-trial proceedings lesson of the Department, a detailed analysis of the drawbacks of pre-trial proceedings and the reason why, and on this basis , initially proposed to build our basic idea of ??pre-trial proceedings . The thesis consists of introduction, body and conclusion composed text is divided into four parts. The first chapter , the basic theory of pretrial procedures described. First, the meaning of pretrial procedures were explained and summarized the basic functions of pre-trial proceedings . On this basis , the focus of the value system of pre-trial proceedings , which laid the basis for full discussion . Chapter II , the foreign pretrial procedures comparative study . From a comparative law perspective , focusing on the United States, Germany , Japan and other countries pre-trial proceedings , on this basis , comparative analysis of the two legal systems typical of the merits of pre-trial proceedings country , from which to extract the Construction of the pretrial procedure can be specific system for reference . Chapter III , China's Assessment of the Status of pretrial preparation procedure . First along the way of the development of judicial reform in the context of pre-trial preparation procedure of the development and evolution made ??a simple review and summary , from both the legislative and judicial practice two aspects of pre-trial proceedings pointed out the flaws in the based on this, the reasons for its existence were analyzed , and thus the future reform of pre-trial proceedings be targeted . Chapter IV of pretrial preparation procedure reform and improvement of vision . This chapter of pretrial procedures should be followed in principle , the setting and the establishment of specific rules related litigation protection system supporting the three aspects of our country in the future reform and improve the pre-trial procedures provide specific ideas .

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