The Status Quo and Development of Issue Arrangement from the Perspective of Elaborate Civil Procedures——Analysis of Practices Based on Rules and Judgments
Liu Yun,Ph.D. in Law,Lecturer of Nanjing Normal University Law School,Researcher of Jiangsu Collaborative Innovation Center for Development of Regional Rule of Law.
Focusing on the constituents of issue arrangement,this article specifically examines the rules and the actual cases of issue arrangement at the national level,the local level,and the individual level.The status quo of the issue arrangement in China exhibits following features:issue arrangement is applied to different stages of the procedures;subjects of issue arrangement assume two different modes in inquisitorial system for rules and adversary system for judgments;the selection of issues is based on the needs of trials;issue arrangement is mixed with other functions in the pretrial conferences;the effect is becoming more substantial and less nominal.In general,the problems of issue arrangement in China are mainly reflected in the lack of legislation and functional affiliation at the legislative level,as well as in the misapplication of methods and the little efficacy it produces at the judicial level.Therefore,it is practical and imperative to construct an issue arrangement mechanism that conforms to the law of judicial operation in China,which is also a requisite for elaborate procedures.