In this paper, we conduct research on the operation mechanism of claim in civil procedure law and the applications on the court trial way reform. The ultimate goal of the rule of law lies in identifying and protecting...In this paper, we conduct research on the operation mechanism of claim in civil procedure law and the applications on the court trial way reform. The ultimate goal of the rule of law lies in identifying and protecting the rights of citizens. Way to protect the rights of citizens is diverse, but the judicial relief is the most basic and important form of insurance. Everyone can “into” the court and get the impartiality of the judicial relief, is a measure of a country judicial level height and the rule of law implementation degree of important yardstick. Judicial system and judicial procedure to build and build a better, if the subject of litigation rights are not being met and the safeguard, can’t get through the door and it is the legislators and legal scholars over the many efforts are meaningless, under this basic condition, we propose the new perspective on the corresponding issues that is necessary.展开更多
The Supreme People’s Court classifies admission into two types-complete admission and restrictive admission-according to the degree and scope of admission.Article 7 of the newly-revised Provisions of the Supreme Peo...The Supreme People’s Court classifies admission into two types-complete admission and restrictive admission-according to the degree and scope of admission.Article 7 of the newly-revised Provisions of the Supreme People’s Court on Evidence in Civil Procedures provides clear rules for restrictive admission,which is divided into partial admission and conditional admission.In judicial practice,it is relatively easier to identify partial admission.However,the determination of conditional admission entails further considerations regarding whether there is a legal nexus between the attached condition and the admitted fact.Therefore,this study argues that there is a lack of unified rules regarding the applicability of restrictive admission in practice.Starting from the examples from the Supreme People’s Court,this study analyzed the application of conditional admission in judicial practice,as well as the problems and causes in the application of restrictive admission in practice.This article also explores the route to perfecting the rules of restrictive admission from the perspectives of its definition,classification,the onus probandi(burden of proof)and supporting mechanisms.展开更多
Blockchain,artificial intelligence,and other technologies have been increasingly integrated with the law,and the construction of smart justice and Internet courts in various places has a prominent effect on court info...Blockchain,artificial intelligence,and other technologies have been increasingly integrated with the law,and the construction of smart justice and Internet courts in various places has a prominent effect on court informatization.The Supreme People’s Court is currently carrying out the pilot reform of separation between complicated and simple cases in civil procedure,and legal technology will inevitably become a major means to enable the reform.In the field of electronic litigation,legal technology itself has become a goal of the reform.Regarding the trials of pilot basic courts,legal technology has been more deeply applied in many links such as trial activities and trial management,playing an essential role in improving judicial efficiency,and becoming an important way to solve judicial dilemmas such as“litigation explosion.”However,the history of modern society reminds us that we should be reasonably optimistic about the development of technology,especially in the field of justice.展开更多
文摘In this paper, we conduct research on the operation mechanism of claim in civil procedure law and the applications on the court trial way reform. The ultimate goal of the rule of law lies in identifying and protecting the rights of citizens. Way to protect the rights of citizens is diverse, but the judicial relief is the most basic and important form of insurance. Everyone can “into” the court and get the impartiality of the judicial relief, is a measure of a country judicial level height and the rule of law implementation degree of important yardstick. Judicial system and judicial procedure to build and build a better, if the subject of litigation rights are not being met and the safeguard, can’t get through the door and it is the legislators and legal scholars over the many efforts are meaningless, under this basic condition, we propose the new perspective on the corresponding issues that is necessary.
文摘The Supreme People’s Court classifies admission into two types-complete admission and restrictive admission-according to the degree and scope of admission.Article 7 of the newly-revised Provisions of the Supreme People’s Court on Evidence in Civil Procedures provides clear rules for restrictive admission,which is divided into partial admission and conditional admission.In judicial practice,it is relatively easier to identify partial admission.However,the determination of conditional admission entails further considerations regarding whether there is a legal nexus between the attached condition and the admitted fact.Therefore,this study argues that there is a lack of unified rules regarding the applicability of restrictive admission in practice.Starting from the examples from the Supreme People’s Court,this study analyzed the application of conditional admission in judicial practice,as well as the problems and causes in the application of restrictive admission in practice.This article also explores the route to perfecting the rules of restrictive admission from the perspectives of its definition,classification,the onus probandi(burden of proof)and supporting mechanisms.
文摘Blockchain,artificial intelligence,and other technologies have been increasingly integrated with the law,and the construction of smart justice and Internet courts in various places has a prominent effect on court informatization.The Supreme People’s Court is currently carrying out the pilot reform of separation between complicated and simple cases in civil procedure,and legal technology will inevitably become a major means to enable the reform.In the field of electronic litigation,legal technology itself has become a goal of the reform.Regarding the trials of pilot basic courts,legal technology has been more deeply applied in many links such as trial activities and trial management,playing an essential role in improving judicial efficiency,and becoming an important way to solve judicial dilemmas such as“litigation explosion.”However,the history of modern society reminds us that we should be reasonably optimistic about the development of technology,especially in the field of justice.
