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Research on efficiency of the civil procedural law

Author: DengXiJun
Tutor: LiuJian
School: Xiangtan University
Course: Procedural Law
Keywords: Just and effective rational resource measures
CLC: D915.2
Type: Master's thesis
Year: 2001
Downloads: 153
Quote: 1
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Abstract


Justice and efficiency are two of the fundamental values ??of the Code of Civil Procedure . Fully theorists litigation just concerned about the lack of effective proceedings . Despite the years , scholars or even the entire jurisprudence of the Civil Procedure Law of the effective given a lot of attention , but as the effectiveness of the theory and practice of the establishment of the socialist market economic system , the political system of innovation , changing people 's ideas , civil litigation system reflected the benefits of the status quo is not satisfactory . Contradiction between the infinite nature of limited judicial resources and demand , the parties to the the litigation means of premise --- utilitarian concept of input and output , which no doubt fundamentally determines the effective value and innovation in the civil litigation system important position. This paper discussed from four aspects of the program effective value . First, the two angles to demonstrate, from an empirical analysis and value analysis , and come to a conclusion that the effective value is the inevitable choice of contemporary civil litigation system . Secondly , I should benefit value connotation some exposition , refuting some improper understanding of the effective value of the traditional theory . Third, the status quo of China 's effective some parsing of effective value specified where the problem lies . Finally, I increase the principle of two effective configuration according to the the cost economics frugal and resource optimization , and propose specific measures for the improvement of the poor efficiency of the status quo of our civil procedure . In the cost of thrift , I made ??two responses: First , the establishment of proof of time , the perfect summary . The optimal allocation of judicial resources , I believe that proceed from the following two aspects : First trial of the reform of the court system , to ensure that the independence of the judiciary ; promotion of the lawyers involved in the litigation, to promote the reform of civil litigation .

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