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An Analysis on the System of Deadline for Civil Adjudication

Author: TangYing
Tutor: WuZeYong
School: Henan University
Course: Procedural Law
Keywords: the system of deadline for civil adjudication surpass deadline judicial efficiency procedural guarantee
CLC: D925.1
Type: Master's thesis
Year: 2008
Downloads: 191
Quote: 0
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Abstract


The system of deadline for civil adjudication is a special civil procedure with chinese characteristics, what stipulates law the longest time which may continue in lawsuit adjudication, in the civil procedure law. The system is able to deal with the pressure which is brought to the court from the increased sharply civil case and enhance the lawsuit efficiency, but it is not actually satisfying with the judicial practice’s demands. The phenomenon of surpass deadline emerges one after another incessantly. Only the Comprehensive research on deadline for civil adjudication can find out the causes of surpass deadline. The system can apply in a timely manner to resolve disputes, satify society’s expectations and meet people′s need of fair and speedy solution to civil strife. But the research in deadline for civil adjudication has not yet formed a theoretical system, the relevant article less, almost no work. Therefore this article examines regarding question which the system appears, profits from the overseas civil judicial reform, inquired into the question produces in the transplant process to provide some ideas.The body is divided into five parts:The first part of text resolves what is the system of deadline for civil adjudication and how to play the role. The first level from examined system’s definition and the legal rule elaborate legal effect which system has. The second level tell the system functions from the pursuit of efficiency, supervisory power two angles. Third level focuses on an analysis of the relationship between the judicial efficiency and the system.The second part of text show the reason which the system produces from the historical influence, alleviation the pressure of court, enhancement the lawsuit efficiency. The second part of text resolves the relationship between the system of deadline for civil adjudication and the lawsuit efficiency. This part explains the relationship with three levels: the first level from the economic efficiency to procedural efficiency shows the efficiency connotation; the second level from the relation of fairness and efficiency to show the effect in the system of deadline for civil adjudication; the third level shows under the specific space and time from the national condition angle to confront the system’s tendency.The third part of text tell the the system of deadline for civil adjudication in the judicial practice in the operation of the problem and its causes. This part from examines limits system’s movement present situation, namely the phenomenon of surpass deadline; the case of phenomenon; the system’s difficult position.The fourth part introduced UK and US, Germany, in the date four country judicial reform involves to the solution lawsuit delay question associated measures.The fifth part introduced briefly examines limits the system perfect measure, namely, on the one hand retains the system of deadline for civil adjudication, on the other hand has two universal significance measure, before namely examines, pre-rial preparation procedure and the case manages uses for reference, and in the judicial practice supplemented mutually, absorbs mutually, or superior win and the inferior wash out, survival of the fittest.The conclusion explaines that the article only provided the direction in development of the system of deadline for civil adjudication.The practice process will encounter many questions in the improvement process. Evidently, the theoretical analysis in two questions are the inextricable. Practice is more important.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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