Dissertation > Excellent graduate degree dissertation topics show

On civil court for sentencing

Author: WuZhanCai
Tutor: DingHaiHu
School: Guangdong College of Commerce
Course: Procedural Law
Keywords: Civil action in court for sentencing Regularly pronounced Focus on hearing Litigation law Procedural court for sentencing Substantiality in court for sentencing
CLC: D925.182
Type: Master's thesis
Year: 2011
Downloads: 99
Quote: 0
Read: Download Dissertation

Abstract

Among civil procedure in our country, is a statutory sentencing court sentenced one of the ways. As a litigation system, in court for sentencing involves many problems, which directly affects the cost of litigation, judicial transparency of the work of judges and civil legal professional construction Fostering Faith; while running litigation process as a judicial act , realization and civil court for sentencing structure, the judicial system and judicial policies are closely linked. However, this important topic did not attract enough attention scholars and theorists also regard the lack of systematic, meticulous research, and more difficult to respond to judicial practice, what you really need what sense the court for sentencing confusion. In this paper, the basic civil court for sentencing theory to analyze the existing problems, defects and reveal the reason, study, learn from foreign experience, is designed to improve the civil court for sentencing system designed to provide useful exploration and thinking. In addition to the introduction and conclusion, the body of this paper consists of four parts, specifically organized as follows: Chapter I: General civil court for sentencing investigation. First, the definition of domestic scholars on the doctrine of disputes in court for sentencing for a comprehensive and dialectical assessment, definition of court for sentencing connotation and denotation; secondly, to clarify the value of civil court for sentencing procedures, including procedures for fair value, the value of the program as well as stability judicial efficiency value; Finally, the court sentencing regime of the historical development of an objective comb. Sentencing court examine the history, data from existing Chinese legal history and ancient literature specific considerations sentencing regime, and with the recent introduction of the domestic court for sentencing regime comparison, in order to clear the ins and outs of the system. Chapter Two: Our Civil court for sentencing problems, defects and causes. Sentencing court civil procedure legislation in our country there is at least applicable conditions are not clear, and the lack of effectiveness is not clear operability and other defects; while in judicial practice, the court sentencing practices applicable rate is the biggest problem facing the sector. All these situation, a direct result of the dilution effect of the trial, the parties to increase the cost of litigation and judicial leave rent-seeking space and a series of drawbacks. Architecture model from litigation and judicial policy level in-depth analysis, the main reason is: our court administration of the system; centralized formal hearing; direct, verbal principle has not been established; debate on the principle of non-binding; mediation priority, adjusting sentence combining judicial environment. Chapter Three: extraterritorial civil court for sentencing of research and enlightenment. Specifically, this chapter examines the common law and civil law countries, civil court for sentencing, and from the methodological point of litigation compared differences between the two. Common law legal systems belonging to the Germanic, adhering to the facts of the litigation from the mode of thinking, in view of such proceedings under the guidance of the civil trial, the jury responsible for the facts of the case, the judge will render a decision by applicable law. Although there is no common law legal concepts sentencing court, but in the case of the implementation of a jury, the jury made its decision in court for sentencing is the fact that is the norm. And adherence to a code starting type of civil litigation mode of thinking, which are all professional judges judicial elite, civil trial by a judge facts and applicable law and make the final judge. Civil law civil trial mode sentencing court is not the norm, nor their legislators to make mandatory. Through the examination of two legal systems can be informed that the sentencing court of common law is the inevitable result of the implementation of a jury trial, the civil law court for sentencing hearing is to emphasize the principle of centralized theoretical design. The fundamental difference between the two is the perfection of civil court for sentencing provides useful insights, namely court sentencing judge's discretion is not as a matter of mandatory force promotion, but in court for sentencing and justice inherent in The concept of efficiency is more worthy of pursuit. Chapter 4: Improving the institutional design civil court for sentencing. Build a sound civil court for sentencing system needs to focus grasp the following three questions: First, should refine the civil court for sentencing legislation, including the court sentencing the basic conditions, scope and exceptions applicable methods and their effectiveness; secondly, is the trial-level program under civil court for sentencing, the specific distinction first instance, second instance and retrial procedure discussed in different situations, and theoretically divided into procedural and substantive sentencing court sentencing court, and strive to grasp the The trial level court sentencing procedures for the timing; Finally, from a substantial pretrial procedures, evidence of loss of the right to implement, establish binding principles and a reasonable expansion of the collegial panel debate permission to establish civil court for sentencing and other aspects of security system.

Related Dissertations

CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
© 2012 www.DissertationTopic.Net Mobile