2011Journal of Central South University(Social Science)Requires access

Revision of the Civil Procedure Act: Strategic planning and systematic design

Jiang Bi-xin

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Abstract

The Civil Procedure Act with a lot of problems and disputes in the practice is currently in the process of revision.It's necessary to clarity the overall strategy and introduce some specific systems.The article states that the revision should make civil litigation system development strategy with the starting point of party dominant position.The revision may introduce the civil systems with the functional orientation of real and basic conflicts solution.The article proposes that we should optimize civil procedure in order to benefit the public,reduce litigation costs,improve litigation efficiency.Further,we should take the establishment of fair,authoritative and efficient civil litigation system as the goal,scientifically arrange and strengthen judicial restraint.

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What this paper is about

The Civil Procedure Act with a lot of problems and disputes in the practice is currently in the process of revision.It's necessary to clarity the overall strategy and introduce some specific systems.The article states that the revision should make civil litigation system development strategy with the starting point of party dominant position.The revision may introduce the civil systems with the functional orientation of real and basic conflicts solution.The article proposes that we should optimize civil procedure in order to benefit the public,reduce litigation costs,improve litigation efficiency.Further,we should take the establishment of fair,authoritative and efficient civil litigation system as the goal,scientifically arrange and strengthen judicial restraint.

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Available abstract

The Civil Procedure Act with a lot of problems and disputes in the practice is currently in the process of revision.It's necessary to clarity the overall strategy and introduce some specific systems.The article states that the revision should make civil litigation system development strategy with the starting point of party dominant position.The revision may introduce the civil systems with the functional orientation of real and basic conflicts solution.The article proposes that we should optimize civil procedure in order to benefit the public,reduce litigation costs,improve litigation efficiency.Further,we should take the establishment of fair,authoritative and efficient civil litigation system as the goal,scientifically arrange and strengthen judicial restraint.

Key concepts: Civil procedure, CLARITY, Process (computing), Order (exchange), Position (finance), Point (geometry), Law and economics, Law

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