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Civil Procedure Justice

Posted on:2002-08-01Degree:DoctorType:Dissertation
Country:ChinaCandidate:C L CaiFull Text:PDF
GTID:1116360032956205Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Fairness of procedure, as a research object of the professional realm of litigationlawsuit, is of great value. China has advocated maintaining law and order in society, andthe appearance and practice of the theory of fairness of procedure has a great influence onits goal. Therefore, it is essential to have a systematic, thorough and rational research onfairness of procedure. This thesis starts with the theory and practice of the fairness ofprocedure of a civil lawsuit, researching on the regulations of the civil procedures inTaiwan and on the mainland. This thesis is divided into nine chapters, laying equal stresson the theory and practice of fairness of a civil lawsuit, and giving it a systematic studyand analysis.Chapter 1 discusses systematically the concept of the theory of fairness. It explainsthe meaning of the word "fairness," its relationships with justice, and the views andanalyses of different scholars about fairness and justice. It then goes on to explain therelationships between fairness and justice. Furthermore, it states various relationshipsbetween fairness and right, between fairness and benefit, between fairness and litigation,and between fairness and law.Chapter 2 states the theory of fairness of procedure. First, it explains the basicconcept of procedure, steps taken when the substantial law is being put into effect, and theprinciple of procedure requested. Next, it states the relationships between procedure andthe substantial law, the viewpoints of the scholars who hold that the procedure law is themother body from which the substantial law has developed, the differences between theprocedure law of the mainland law system and that of American and British law systemand whether there is a common principle between the two. Then it mentions the concept,characteristics and forms of fairness of procedure, and also the comparison of fairness ofprocedure. Last, it states the meaning of judicial fairness.Chapter 3 explores the value of fairness of procedure. It expounds the concept offairness of procedure, what the theory of the value of fairness of procedure is, the internalvalue (i.e. objective value) and external value (i.e. implemental value) it should have. Thischapter explores where the independent value of fairness of procedure is, the values thatfairness of procedure should have, and then deduces the function of procedure with thesevalues.??AbstractChapter 4 explores legislation precedents for fairness of procedure. It begins with theorigin of fairness of procedure, then states how fairness of procedure is originated, andwhy the concept of "Proper Lawful Procedure" in American and British law systems wasbrought about.. By giving instances of the evolution of the regulations in the United States'constitution, it also states the content of fairness of procedure protected by the constitution.Besides it explains that the standard of fairness of procedure is to guarantee human rightsand that the institute of fairness of procedure is a fair court. Later it expounds theregulations of legal procedure in Taiwan and on the mainland.Chapter 5 lays emphasis on the theory of the system of fairness of procedure. Itexplains the two systems of fairness of procedure---the system of authority and the systemof the party concerned. It goes on to explain that the~-system of justice of procedure shouldbelong to the mode of the system of the party concerned, the differences between thesystem of authority and the system of the party concerned. Then it expounds the content ofthe mode by the law of evidence, and it also states the regulations of civil procedure aboutthe system of the party concerned in Taiwan and on the mainland.Chapter 6 discusses the law of evidence about fairness of procedure. It states what theeffect of il...
Keywords/Search Tags:Procedure
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