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학술논문성균관법학2011.12 발행KCI 피인용 11

민사소송의 제1심 강화를 위한 실효적 방안의 모색

The Effective and Efficient Measures on the Strengthening of the District Courts' Functions

김홍엽(성균관대학교)

23권 3호, 47~65쪽

초록

The prerequisite issues of current court's administration have been focused on the strengthening of the district courts' functions. The caseloads of the appellate courts have been enormously grown by the increasing number of the appealing cases, thus leading to the undiminished case dockets of the Supreme Court. This task will consequentially require the shifting of the most part of appellate courts' fact-finding functions to the district courts. The district court's strengthened fact-finding functions shall be accomplished by the sufficient administration of justice of the first instance court. The sufficiency of presentation and investigation of pleading and evidence would be necessary and indispensable for the efficient and effective case management on the part of the parties as well as the court, by virtue of strictly enforcing the rules and regulations implemented for the purpose of the well systemed court's administering of the justice. In the long run the legislation to adopt the compulsory attorney's advocacy system and mandatory presentation of the written cause of appeal within some period of time subsequent to the appeal shall scrupulously be taken into consideration.

Abstract

The prerequisite issues of current court's administration have been focused on the strengthening of the district courts' functions. The caseloads of the appellate courts have been enormously grown by the increasing number of the appealing cases, thus leading to the undiminished case dockets of the Supreme Court. This task will consequentially require the shifting of the most part of appellate courts' fact-finding functions to the district courts. The district court's strengthened fact-finding functions shall be accomplished by the sufficient administration of justice of the first instance court. The sufficiency of presentation and investigation of pleading and evidence would be necessary and indispensable for the efficient and effective case management on the part of the parties as well as the court, by virtue of strictly enforcing the rules and regulations implemented for the purpose of the well systemed court's administering of the justice. In the long run the legislation to adopt the compulsory attorney's advocacy system and mandatory presentation of the written cause of appeal within some period of time subsequent to the appeal shall scrupulously be taken into consideration.

발행기관:
법학연구원
DOI:
http://dx.doi.org/10.17008/skklr.2011.23.3.003
분류:
법학

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민사소송의 제1심 강화를 위한 실효적 방안의 모색 | 성균관법학 2011 | AskLaw | 애스크로 AI