Open AccessSETTLING CIVIL DISPUTES IN COURT BASED ON SIMPLIFIED PROCEDURE
Author(s) -
Binh Huu Trinh
Publication year - 2019
Publication title -
khoa học
Language(s) - English
Resource type - Journals
ISSN - 1859-4816
DOI - 10.35382/18594816.1.27.2017.129
Subject(s) - civil procedure , task (project management) , law , computer science , order (exchange) , simple (philosophy) , work (physics) , state (computer science) , political science , algorithm , engineering , economics , epistemology , systems engineering , finance , mechanical engineering , philosophy
According to the ordinary procedure, the time duration for a case proceeding can be extended from 4 to 8 months; therefore, subjectively the judge who is assigned to settle the case does not necessarily determine the type of case involving simple facts or the clear legal relationship to deal with promptly; consequently, the simplified procedure which was specified in the Civil Procedure Code 2015 has fulfilled that task. However, by examining the new provisions on the simplified procedure, the author realizes that there are certain limitations. In this paper, the author assesses the real state of law restrictions in practice, and then applies the methods of synthesis, analysis, comparison and evaluation in order to make proposals for the perfect law based on the view of the Party and the State on the strategies of judicial reform. The proposals can be both applied effectively in judicial work and used as reference sources for law students and for teaching.