The interpretation, practice and improvement path of electronic reform of the supervision procedure
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D295.1;D926.2

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    Abstract:

    It is urgent to reform the supervision procedure, which is declining in the practice of courts in China. Electronic reform of the supervision procedure is helpful to effectively play the function of judicial burden reduction and case diversion of supervision procedure. At present, electronic reform of the supervision procedure is operating under the framework of the Civil Procedure Law and its judicial interpretation. Also, it is innovative. The key to its innovation lies in the unity of formality and materiality review, which helps to the efficient operation of the supervision procedure and facilitates the intellectualization of judicial management, review mode and procedural guarantee. It is necessary to clarify the relationship between the electronic reform of the supervision procedure and the litigation procedure, the summary procedure, the quick determination procedure, the property preservation, and the advance execution. In addition, it is necessary to reform and perfect the cost sharing system, the parties' obligation of good faith, the true and complete obligation, and the litigation promotion obligation.

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刘超,张润.督促程序电子化改革的规则阐释、实践发展与完善路径[J].重庆大学学报社会科学版,2020,26(5):207~215

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History
  • Received:
  • Revised:December 24,2019
  • Adopted:
  • Online: September 24,2020
  • Published: