November 20,One Bet365 Poker cutting-edge forums on civil procedure law of Shandong University, "Consensus and Details Bet365 Poker Revision Bet365 Poker Civil Procedure Law" was held at the Shaw Law Teaching Building on the Hongjialou Campus of Shandong University,From Shandong Provincial Higher People’s Court、Shandong Provincial People’s Procuratorate、Jinan Intermediate People’s Court、Jinan People’s Procuratorate、Jinan Lawyers Association、Shandong University、Ocean University of China、Shandong Normal University、Ludong University、More than 20 experts and scholars from Yantai University and other units attended this meeting,Meeting passed online、Held in a combination of offline methods。
This meeting focuses on the implementation Bet365 Poker pilot separation of traditional and simplified texts in more than ten courts in Shandong Province,The scholars and practical experts who participated in the collective discussion combined civil litigation jurisprudence and judicial practice,Fully discussed the draft amendment to the Civil Procedure Law based on the transformation of pilot implementation results and put forward valuable suggestions。
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The main purpose of this revision is to fix the reform results Bet365 Poker separation of traditional and simplified languages through the revision Bet365 Poker law,But compared to the previous two more systematic revisions,This amendment does not reflect the systematic improvement Bet365 Poker Civil Procedure Law。First,The "Draft" lacks connection with other laws,Especially the connection with the Civil Code,This includes not only the docking of relevant systems,Also includes maintaining consistency in related terminology。Secondly,This revision is too single-oriented,Relatively mature family trial reform in judicial Best slot on Bet365practice、Cross-domain jurisdiction、The results of non-litigation procedures are not reflected in the "Draft"。Last,In order to alleviate the court’s dilemma of “many cases and few cases”,The goal of revising the law based on "litigation efficiency",Insufficient attention to basic procedural guarantees for parties。
2. Specific suggestions on the "Bet365 Poker" system
(1) Regarding judicial confirmation Bet365 Poker
The "Draft" implements and expands the scope of application of judicial confirmation procedures,The purpose is to achieve diversified dispute resolution,Promoted the development of mediation organizations and mediator systems,It also highlights the status and role Bet365 Poker court in the management of litigation sources。Some experts attending the meeting believe that,The mediator has deficiencies in mediation ability and credibility,There are differences in social effects,Therefore, it is recommended that mediation agreements reached under the auspices of a mediator be excluded from the scope of judicial confirmation procedures。Also,In response to Article 202 Bet365 Poker Draft,Need to further clarify the selection conditions and selection procedures for mediators,And amend it to "The mediation agreement shall be governed by the grassroots court where the agreement was made",It is more helpful to realize the mutual connection between local mediation organizations and litigation procedures。
(2) About small claims proceedings
Provisions on small claims proceedings in the "Bet365 Poker",Further improved the applicable scope and methods of small claims proceedings,Lower the threshold for small claims proceedings,Simplifying the trial methods of small claims cases。The discussion content and suggestions on small claims proceedings focus on four aspects。
First,About the scope Bet365 Poker case。Experts at the meeting suggested that the scope of “simple cases” in Article 165 Bet365 Poker Draft be clarified,can include collateral to be paid first、Simple intellectual property cases, etc.。And it is recommended to delete the third item of Article 166 Bet365 Poker "Draft"、The fifth item,Evaluation and appraisal that make the case complicated or take too long,Maybe not too controversial、Counterclaim case with clear rights and obligations,165 generalities can be used、166 blanket provisions are excluded。
Second,About the defense period and evidence production period。Experts participating in the meeting suggested that without reducing the rights Bet365 Poker parties,Shorten the defense period and proof period for small claims,And clarify that the defense period and the evidence period can be combined。
Third,About the subject matter。The "Draft" raises the statutory standard for small amount procedures from 30% to 50%,Making small-amount procedures universal,There is also a tendency to move closer to simple programs in programming,It also blurs the functional orientation that different programs should have,It also further weakens the party’s procedural bet365 live online casinosubject status。To this,Experts at the meeting suggested different properties、Different types of cases adopt different limits,Determine after comprehensive research and analysis based on the practical data of small claims Bet365 Poker in the pilot areas。
Fourth,About relief channels。The "Draft" only reflects the party's right to remedy the objection to the case,No follow-up relief procedures for small claims lawsuits,Therefore, it is recommended that it can pass the reexamination、Objection or other means of relief,Complete the post-event relief mechanism,Incentivize parties to choose to apply this procedure,Improving the institutional effectiveness Bet365 Poker program,While maintaining the current first-instance and final-instance regulations,Procedural protection for parties has been strengthened。
(3) About the single-term Bet365 Poker
First,About the application Bet365 Poker sole-president system in the first instance。Experts attending the meeting believed that it was in the first instance,The principle of independent production should be as follows,Using the collegial system as an exception,This can improve the situation of "integration of form and reality" in practice to a certain extent。At the same time,Article 40 Bet365 Poker "Draft" stipulates that the conditions for the application Bet365 Poker single-appointment system to ordinary procedures are highly similar to the conditions for the application of simplified procedures,It is recommended to further refine and clarify the sole-presidency system and simplified procedures。
Secondly,About the application Bet365 Poker sole-president system in the second instance。Most Bet365 Poker participating experts opposed the adoption of a single-appointment system in the second instance procedure。First,The parties have different expectations for the second instance procedure as the final instance,The single-appointment system of second instance cannot effectively protect the due process rights Bet365 Poker parties;Secondly,The second instance also has tasks such as ensuring the uniformity of legal application,The application Bet365 Poker procedure should not be determined according to the first instance standards;Last,The existing direct judgment system in the second instance,Basically enough to satisfy the prompt response to the first-instance judge who lacks the benefit of appeal,Based on the position of prudent refereeing,We should stick to the basic system of second-instance collegiality。
Again,About the supporting mechanism Bet365 Poker sole-presidency system。Concerning the procedural objection rights granted to parties in the Draft,Experts at the meeting suggested that the time limit for parties to raise objections and the court’s review time limit should be clarified。And continue to strengthen the dean、The president’s internal supervision of cases other than the “four types of cases”。At the same time,Should be coordinated with the reform of judicial accountability system and judge quota Bet365 sportsbook reviewsystem,Play its due role。
(4) Regarding delivery of announcements
The announcement service system is a legal service method,With information notification function、Function to protect the procedural rights and interests of parties,The current notice delivery time proposed in the "Draft" has been shortened from 60 days to 30 days,Conducive to speeding up the litigation process,Improving litigation efficiency,But to a certain extent, it also resulted in the derogation Bet365 Poker procedural rights Bet365 Poker recipient。Therefore, experts at the meeting suggested enhancing the information notification function of announcement delivery and shortening the announcement period、Finding a balance between improving litigation efficiency,Updating the announcement delivery carrier while shortening the deadline,And adjust the delivery time of foreign-related announcements accordingly。
(5) About online Bet365 Poker
Article 16 Bet365 Poker "Draft" clearly stipulates,Online litigation activities have the same legal effect as offline litigation activities。The convenience of online litigation deserves recognition in meeting the efficiency requirements Bet365 Poker information society,But the current expression Bet365 Poker rules is relatively simple,Following relevant details still need to be improved。Therefore,Suggestions from experts attending the meeting,Add a special chapter to the General Provisions Bet365 Poker Civil Procedure Law or add a section on online litigation to Chapter 7,Clear the scope of cases applicable to online litigation、Effectiveness Rules、Litigation methods、Procedural guarantees, especially issues related to consent Bet365 Poker parties。At the same time,Online litigation should be kept simple、Small amount procedure is applicable,Ordinary procedures still need to retain a sense of ritual and stylization,Ensuring procedural fairness in online litigation,To strengthen the proper relationship between a society ruled by law and strict procedures。
(6) About electronic delivery
The "Draft" expands the scope of application of electronic service,This is in line with information technology、The development of smart courts,Convenient for the parties and the court,It can also be more accurate、The purpose of fast delivery。But due to the current lack of a unified litigation platform,The rules regarding the scope of electronic service of documents are still flawed,Causing confusion to both the judge and the parties。Therefore,Suggestions from experts attending the meeting,Article 90 Bet365 Poker "Draft" can be modified to "Judgment"、Ruling Letter、Mediation Letter,In principle, it should be delivered directly,Except if the parties request electronic service”,The court needs to fully explain its obligations regarding electronic service,And it is recommended to clarify the time limit for parties to apply for paper documents。
3. Conclusion
my country’s current Civil Procedure Law was enacted in 1991,After 2007、2012、Revised 3 times in 2017,formed existing Bet365 Online Live Dealertext。However, the above amendments are all patch-type special amendments,The overall revision Bet365 Poker Civil Procedure Law has not been implemented。Compared to 2012,For this revision,The early participation Bet365 Poker academic community was obviously insufficient。The modified content is mainly to fix the previous pilot results Bet365 Poker separation of traditional and simplified languages,The positioning Bet365 Poker revision Bet365 Poker law is obviously to give priority to efficiency,The scope Bet365 Poker law is extremely limited。Revision Bet365 Poker law should be considered comprehensively,Every opportunity to practice law deserves to be treated with caution,Try to include mature experience or content that needs to be modified in one revision。The "Draft" itself is still controversial,Therefore, the process of amending the law is suspended,Gather consensus from all walks of life,To the academic community、More time for the practical community to offer advice,It is also a good idea。
Text/Zhan Zhongyuan
Audit/Liu Jialiang