【作者】 王振亮；

【导师】 李霞；

【作者基本信息】 山东大学 ， 民商法学， 2008， 硕士

【摘要】 关于独立审判制度,笔者提出了现实生活中存在的问题,并认为我国审判的独立至少应当包括两个方面的内容:其一,审判机关必须独立于行政机关,其二,法官独立。在民事诉讼证据制度中提出了改革举证责任制度、证据的解释规则、建立和完善举证时效制度、完善证人作证制度,建立证人权利保障机制。在审级制度中提出了我国当前的二审终审所存在的不足,并建议实行三审终审制。审判监督制度中反思了其弊端并对再审程序的指导思想、再审程序的基本原则、启动主体及其地位、启动的法定条件、管辖原则提出了一些建议。简易程序和小额诉讼程序中,笔者对我国民事简易程序进行了反思与检讨,并对简易与小额诉讼程序模式作出了选择。在调解制度中提出了其不足并对如何完善提出了自己的看法。更多还原

【Abstract】 Joins the WTO, market economy along with the our country continuously perfect with develop and progress unremittingly socially, the civil case is more and more, also exposing a some problem for our country in the civil case in court procedure exsitting, this text tried to put forward own viewpoint for the reformation of the civil case in court, the core of the civil case in court reformation is namely principle our country civil case in court mechanism afresh, want to have a right way a kind of overall situation to guide with the forward-looking civil case in court principle conduct and actions, afresh principle our country the civil case in court principle problem proceeded the study, then make the choice with the civil case in court mode to the civil case in court value.This text is divided into two big part, the first part introduced the civil case in court principle the content of the principle empress and the choice of the civil case in court mechanisms afresh, the second part of points introduceds the independence the judgment the system, civil case in court proof system, public-spirited litigation system and review the class system, small sum litigation procedure, judgment the direct the system, intermediation system etc. proceeds to set up.The different definition that writer introduced the principle in the first part, civil case in court principle afresh after the o principle f content.Its content should include the procedure basis, procedure fair, the procedure is rigid, the procedure stabilizes four level of structures.Civil case in court principle the principle empress produces the impact to the traditional civil case in court principle afresh, traditional heavy inquisition research, practical and realistic, have mistake necessarily , public judgment, public opinion direct judicatory, convenient crowd, behave people service, judge’s official turns, the authority principle in judge produced the impact, and choose afresh to the value of the civil case in court.Civil case in court principle afresh principle empress, the litigation mode of the choice should combine together with the job power doctrine for the party concerned doctrine of be in conjunction with the civil case in court mode. Judge the system concerning the independence, the writer put forward realistic living the problem of the inside esse, and think our country judgment of independence at least should include two contentses:Its a, judge organization is musted be independent in administration organization, its two, judge independence.Put forward in civil case in court proof system the reformation offer as proof the hermeneutic rule of the duty system, proof and establish with perfect offer as proof the time limited efficacy system, perfect witness testifies system, establish witness’ right guarantees mechanism.It emphasized the treatise to participate the public-spirited litigant corpus in the public-spirited litigation system:The organization of should be main corpus, society buildup, citizen individual to bring up the public-spirited litigation to under the certain term can also bring up the public-spirited litigation.Put forward the our country in review class system current two review the final trial a shortage for exsitting, combine the suggestion practice three review the final trial system.Judgment direct system inside anti thought its irregularity and to the leading thought that discuss again the procedure, discuss again the basic principle of the procedure, start corpus and its positions, the legal term that start, rule over the principle put forward the some the suggestion.Simple procedure with small sum litigation procedure inside, the writer proceeded to the simple procedure in civil case in our country anti think with review, and to simple make with small sum litigation procedure mode choice.Put forward its shortage in intermediation system and to how perfect put forward own viewpoint.更多还原