Civil Procedural Law民诉.doc

Subject nameCivil Procedural LawInformationCurriculum Code：Curriculum Type：Subject Description:This course mainly introduces the concept and purpose of Science of Civil Procedural Law; fundamental principle; fundamental system; appeal and jurisdiction; adversary system; testimony system; procedure system; retrial system. Through the learning, students can master the necessary fundamental theory, and improve their senses and abilities to solve problems in practice.ResourcesPrescribed Resources:PRESCRIBED TEXT: “Civil Procedural Law” (the 5th edition), Beijing: Higher Education Press& Beijing University Press, 2013, edited by Jiang Wei. This book is available from internet and bookstore.PRESCRIBED PRACTICE SET: The course of mock court is necessary after the study.PRESCRIBED SOFTWARE: The fundamental theories on Civil Procedural Law should be learnt, and put into use well.Assessment Task Weight Date Academic ScoreMYOB Assignment (Individual) 30%Week 5 to 17 Final Exam 70%Exam Week Chapter 118Weekly and Topic Outline Week/Module Topic Description WEEK 1Introduction of Civil ProcedureThe main task is to introduce the meanings of civil procedure, Civil Procedure Law and the Science of Civil Procedure; the relationships among Civil Procedure Law and other related legal sectors.WEEK 2Fundamental Principles of Civil Procedure LawThe main task is to introduce the concept of fundamental principles; principle of equality; principle of disposition; principle of debate; principle of mediation; principle of support of prosecution; and principle of trial.WEEK 3Trial SystemThe main task is to teach the system of the court of second instance being the court of last instance; system of public trial; withdrawal system; collegial panel system; as well as the theories behind the trial system.WEEK 4Competency and JurisdictionThe main task is to teach the concept, principle and theoretical value of jurisdiction; grade jurisdiction; regional jurisdiction; designated jurisdiction and jurisdiction by referral; and jurisdiction objection.WEEK 5Withdrawal The main task is to introduce the concept and theoretical value of withdrawal; the scope, reason and types of withdrawal.WEEK 6Procedure Rights and JurisdictionsThe main task is to introduce the emergence and development of the theory of procedure rights; the fundamental rights and capacity of procedure rights; the feature of rights of jurisdictions; the relationship between procedure rights and jurisdictions. WEEK 7Adversary SystemThe main task is to teach the concept and forms of adversary; the capacity of litigation rights and litigation acts from the clients; the litigation rights and obligations for clients; the burdening of litigation rights of clients.WEEK 8Joint LitigantThe main task is to teach the concept of Joint litigant; the compulsory and ordinary joint litigants.WEEK 9Litigation RepresentativeThe main task is to teach the concept and feature of the litigation representative; litigation of more than one persons system from other States; the value of representative litigation; and the issues in Chinese judicial practice.WEEK 10The Third Person during ProcedureThe main task is to introduce the concept and feature of the third person during procedure; the third person with independent claim; and the third person without independent claim.WEEK 11Agent Ad LitemThe main task is to introduce the concept, theory and practical means of agent ad litem; legal representative; and entrusted agent.WEEK 12Testimony of Civil ProcedureThe main task is to remind students to learn the concept and feature of testimony; the types and classification of testimony; factum probandum; onus probandi; the collection, examination and judgment of testimony.WEEK 13Court MediationThe main task is to teach the concept, historical development and nature of court mediation; the differences between mediation and compromise; the principle of court mediation; the future development of court mediation.WEEK 14Period of Time and Service of ProcessThe main task is to teach the concept and theoretical value of period of time and service of process; computation and elimination of period of time; the types of service of process.WEEK 15General ProcedureThe main task is to teach the prosecution and acceptance; the preparation before trial; the form and period of time of hearing, and some issues in the judicial practice; counterclaim, nolle prosequi and judgment by default; postpone hearing, suspension and the ending of trial; summary procedure and its adoption issues.WEEK 16Procedure of Second InstanceThe main task is to introduce the function and nature of procedure of second instance; the differences and connection between the first and second procedure; appeal and its acceptance; the mediation during procedure of second instance, and issues during practice. WEEK 17Retrial ProcedureThe main task is to introduce the concept, feature and meaning of retrial procedure; the allocation of retrial procedure, and issues during practice.WEEK 18Special Procedure, Urging Procedure, and Procedure of Public Summons for ExhortationThe main task is to teach some special procedure, such as: procedure of voter qualification, procedure of declarations of missin