Rethinking the differentiation of civil bet365 promo codes
November 14, 2023 10:20 Source: "bet365 promo codes Journal" Issue 2772, November 14, 2023 Author: Ji Gefei

Civil procedure reform based on procedural differentiation,is a common development trend and reform hotspot of procedural laws in countries with advanced rule of law。The reform goals mainly focus on two aspects,In the efficiency dimension,Formation of "traditional and simplified separation" through program differentiation、Military and Severe Diversion、Dividing speed and slowness”,Thus improving the overall effectiveness of dispute resolution;In the dimension of justice,Form a simplified version of ordinary bet365 promo codes within litigation bet365 promo codes through procedural differentiation,Develop alternative dispute resolution mechanisms outside the litigation process,So as to meet the judicial needs of the public for "being closer to justice" in daily disputes。

  Differentiation of civil bet365 promo codes in comparative law

The starting point of this kind of civil procedure reform is,What we usually call "dispute resolution through law" and the confrontation between the parties、Ordinary civil litigation bet365 promo codes where the judge is in the middle are not omnipotent,Has its inherent institutional limitations。The main performance is: on the one hand,Legal dispute resolution in the Western sense,It is to tailor and filter original disputes through pre-established legal norms,is a dispute resolution filtered through the Legal Knowledge Network。Although dispute resolution can be simplified and unified,But it also erases the characteristics of the original dispute,As a result, the appropriateness of case handling and the recognition of the parties may be lost,It is difficult to achieve "the case is closed"。On the other hand,Ordinary civil procedure is highly formatted、Highly technical characteristics,Making it difficult for the general public to truly understand and enter,This leads to the problem of "closeness to justice" and "closeness to justice" to the general public。

The above problems are common difficulties faced by civil litigation bet365 promo codes in all countries today。There are two solutions in comparative law: civil law countries use ordinary bet365 promo codes as samples,Using the amount of the litigation subject matter as the core indicator for dividing jurisdiction and "subtracting" from the litigation bet365 promo codes,Divide into simple bet365 promo codes、"Simplified version" of ordinary programs such as small amount programs。Common and American law countries have jumped out of the shackles of ordinary bet365 promo codes,Constructed a relatively independent small claims procedure,It’s non-technical、Informal features are more conducive to responding to the needs of ordinary people to resolve disputes in daily life。There is no superiority or inferiority between the two,All are reasonable choices made based on historical and cultural traditions and the current status of civil litigation。Specifically,Professionality of the referee、The integrity of the litigation system,Determined that countries such as Germany and Japan are more inclined to respond to the above problems by reducing allocations to standard bet365 promo codes;The diversity of referee subjects、The irregularity of the litigation system、The particularity of the jury system and the high degree of technology of the evidence system,Decided that Anglo-American and French countries are more inclined to build small-amount bet365 promo codes that are relatively "isolated" from ordinary bet365 promo codes。

  Characteristics of my country’s bet365 promo codes Reform

Return to the realistic context of our country,In the context of building a socialist legal system with Chinese characteristics,Our country’s courts adhere to and fulfill their original aspiration and mission of serving the people,Need to undertake judicial functions similar to those of foreign courts,We must also undertake national governance that goes beyond passive centralization、Social governance functions,Therefore, my country’s bet365 promo codes reform has the following characteristics。

First,Under the guidance of the "people-centered" judicial concept,How to respond to the people’s urgent need for “access to justice” is the top priority in the reform of civil procedure law。The people are diverse、Multi-level dispute resolution needs,Therefore, it is not only necessary to promote the completeness and perfection of rights protection,We must also lower the threshold、Reduce costs to achieve the convenience of rights protection。For this,Decision made by the Standing Committee of the National People’s Congress in December 2019,Authorize the Supreme People's Court to carry out pilot work on the separation of traditional and simplified texts;In January 2020, the Supreme People's Court issued the "Pilot Plan for the Reform of Separating Traditional and Simplified Civil Procedure bet365 promo codes" and the "Implementation Measures for the Pilot Reform of Separating Traditional and Simplified Civil Procedure bet365 promo codes",Provide rule-based guidance for the pilot reform of separating traditional and simplified systems。The revision of the "Civil Procedure Law" based on the pilot reform also focuses on the differentiation of civil bet365 promo codes and the separation of traditional and simplified bet365 promo codes,Make the improvement of small claims proceedings an important aspect。

Secondly,Whether it is judged by professional judges,Looking at the overall litigation system,The judicial characteristics of our country are closer to those of civil law countries,Not a common law country。Therefore,On the differentiation of civil bet365 promo codes,my country’s current reform path is more inclined to do “subtraction” operations on the basis of ordinary bet365 promo codes-using ordinary bet365 promo codes as samples to construct simple bet365 promo codes,Construct a small amount program through further simplification of the simple program。This is also the “combining of small claims bet365 promo codes and ordinary bet365 promo codes” in the Civil Procedure Law (Draft Amendment)、The plan of listing simplified bet365 promo codes as independent litigation bet365 promo codes,The underlying reason why it was not ultimately adopted by the “Decision of the Standing Committee of the National People’s Congress on Amending the Civil Procedure Law”。What needs to be noted is,Although the current reform ideas make small-amount bet365 promo codes、Simplified bet365 promo codes can be better integrated into the existing civil trial system,But it also leads to the tendency of homogeneity between programs, leading to simplicity、The risk of small-amount bet365 promo codes being emptied。

Finally,Judiciary is an important link in the national and social governance system,Must serve the overall economic and social development,Must serve the interests bet365 promo codes people。This determines the judicial work of our country’s courts,We must take the fundamental interests bet365 promo codes people as the starting point and final destination。Our country’s courts must not only adjudicate cases passively,We must use legal thinking and legal methods to proactively resolve disputes,Enhance the people’s sense of gain and identity through the proper resolution of each case。The uniqueness of our country’s courts is reflected in,We must not only give full play to the "convenient adjudication" function of overseas courts in the sense of being close to justice,And beyond this level,Promote national governance through dispute resolution、Higher expectations and requirements to achieve fairness and justice through dispute resolution。This is also the fundamental reason why the People’s Court has introduced measures such as “active justice” and “management of litigation sources” in the new era。

  Further promote the reform of bet365 promo codes procedure

Based on the dual functions of our country’s courts,Required from within the proceedings、Outer two dimensions,Further promote the reform of bet365 promo codes procedure。

Within the proceedings,The relevant systems of the civil law system can be used as a reference,Further improving our country’s civil litigation bet365 promo codes on the extension of ordinary bet365 promo codes。Although,This revision of the Civil Procedure Law reflects the separation of traditional and simplified bet365 promo codes within the procedure,Expanded the scope of application of small claims proceedings,The corresponding trial period has been extended,But there are still ordinary programs that have not yet been phased、The case identification criteria are vague、Homogenization of various programs、Problems such as connection and conversion blocking between programs。First,Taking the overall upgrade and structural optimization of civil bet365 promo codes as the prerequisite for procedural differentiation。Promote the phased transformation of common bet365 promo codes,Enhance the formal features of formal trial bet365 promo codes,Change our country’s current demands、Preparation before trial、The current situation of functional confusion among the three stages of trial,Laying the foundation for program differentiation。Secondly,Distinguish between ordinary bet365 promo codes and simple bet365 promo codes、The limits of quick cutting bet365 promo codes,Strengthen the operability of case identification standards,Introduction of abbreviated litigation bet365 promo codes,Enhance the independence of small-amount bet365 promo codes。Finally,Improving small amount bet365 promo codes and simplified bet365 promo codes、Selection and conversion mechanism of ordinary programs,Fully respect the parties’ right to choose,Improve conversion efficiency。

Outside the proceedings,Accurately grasp the role of "auxiliary" in the court's social governance,Extend judicial work to source prevention and control。General Secretary Xi Jinping emphasized,“The construction of the rule of law must focus on the end、Treat the disease,We must also focus on the front end、Treat the disease”。This requires the court to shift its focus forward,Use non-litigation means to assist and participate in social governance,With party and government agencies、Other social entities form a joint force in the governance of litigation sources,“Reduce the occurrence of conflicts and disputes from the source,Reduce the occurrence of derivative litigation cases”。Therefore,Courts must take the initiative to integrate “prevention at the source first,The non-litigation mechanism moves forward,The litigation source management work of "court judgment final"。First,Courts must give full play to their professional advantages,Focus on finance、Building、Internet、Dispute prevention in special fields such as consumption,Good at using big data technology for front-end analysis,And improve the judicial suggestion system。Secondly,Optimize the judicial confirmation process,Guide pre-litigation mediation work,Provide judicial protection for alternative dispute resolution methods,Make full use of the efficiency of non-litigation bet365 promo codes、Convenience、Economic Advantages。Finally,Strengthen the connection and transformation of non-litigation and litigation bet365 promo codes,Abandon the concept of judicial centrism,Respect the parties’ right to choose multiple dispute resolution methods。For disputes that really need to be resolved through litigation bet365 promo codes,The litigants’ rights of action should be protected in accordance with the law,Use litigation means to protect the legitimate rights and interests of the parties。

  (The author is a professor at the School of bet365 promo codes, Commercial and Economic Law of China University of Political Science and Law)

Editor: Cui Bohan
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