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Civil Pretrial Procedure Analysis and Improvement
Author: LuoZhaoYing
Tutor: YuZhaoPing
School: China University of Political Science
Course: Procedural Law
Keywords: Pretrial Procedure Evidence Program Pre-trial conference
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 129
Quote: 0
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Abstract
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Evidence of China's exchange system provides for a general framework for the exchange of evidence , but in the judicial practice, there are still many shortcomings and operational issues , as opposed to full civil procedure before trial , there are many gaps. Improve civil procedure before trial court proceedings not only helps to reduce the workload of the explosion , saving judicial resources to achieve economic litigation , more importantly, in the supremacy of individualism in modern society , the parties can use its own forces to push the litigation process litigation achieve procedural justice , thus achieving substantive justice . Procedural justice is the best proof of substantive justice , the party led by its own evidence discovery process Dhamma case evidence and understand the other party on the evidence , resource sharing , to prevent raids litigation lawsuit brought by inefficiency and cases injustice. Pre-trial conference under the auspices of the judges assistant finishing point of contention and the fixed evidence , the trial plan to do to ensure that the trial of the adversary litigation mode , play the role of the trial , the trial judge in accordance with due process under the known evidence and witnesses make judgments of fairness and justice , to prevent judges from unnecessary contamination of evidence . In this paper, the concept of pre-trial preparation and content of the program outlined in the pretrial procedures, including the scope and itself from Pretrial Procedure , Civil Procedure Law and Philosophy of Law about three aspects of pretrial procedures implemented significance. Then from the analysis of the two countries in pretrial proceedings legislative provisions and judicial practice civil procedure before trial results in the necessity and feasibility of implementation . Finally, I draw the United States through the pretrial proceedings legislation and judicial practice experience , combined with China 's specific national conditions, to prepare for Civil pretrial procedures envisaged Establishing the Civil Pretrial Procedure specific provisions .
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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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