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Research On The Syetem Of Invalidity Of The Parties In The Civil Litigation

Posted on:2013-03-31Degree:DoctorType:Dissertation
Country:ChinaCandidate:X P LiuFull Text:PDF
GTID:1226330452963446Subject:Civil and Commercial Law
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This dissertation begins with the basic theories of the system of invalidity of theparties in the civil litigation, then probes into the specific norms of the stem ofinvalidity of the parties in the civil litigation of foreign countries and areas, andcompares the relevant provisions of the roman law system and the common lawsystem, at last, analysis the existing rules of our country and put forward thecorresponding suggestion of improvement.This dissertation comprises of six sections, including introduction, the summaryof the system of invalidity of the parties in the civil litigation, the basic theory of thesystem of invalidity of the parties in the civil litigation, the comparison of the systemof invalidity of the parties in the civil litigation of foreign countries and areas, thecurrent situation and improvement of the system of invalidity of the parties in the civillitigation of our country and conclusion.Introduction This section shows the significance of writing this dissertation,which thinks that a comprehensive and in-depth study of the system of invalidity ofthe parties in the civil litigation can play an active role on the development of thetheory and the improvement of the regulation and practice of civil litigation.Chapter I the summary of the system of invalidity of the parties in the civillitigation This chapter has three parts. The first part analyzes the content andhistorical development of the system of invalidity of the parties. At first, we shouldintroduce the system of invalidity of the parties entirly, and illustrate the reason whywe define the system of invalidity of the parties as the research object. Then weanalyze the consequences of this system. The second part classifies this systemaccording to different standards. According to the different powers to make decisionsof the judge, this system can divide into invalidity of the law and invalidity of thediscretion. According to the different subjective states of the parties, this system candivide into invalidity of intention and invalidity of fault. According to the differentresults of invalidity, this system can divide into pure invalidity and complex invalidity.The third part introduces the main types of the system of invalidity of the parties.Chapter II the basic theory of the system of invalidity of the parties in thecivil litigation This chapter has three parts. The first part introduces the effect of thelitigation facilitation obligation on the system of invalidity of the parties. We define the concept of litigation facilitation obligation, then analyze the basic classificationlitigation facilitation obligation, then explore the relation between litigationfacilitation obligation and the system of invalidity of the parties.The second partintroduces the meanings and the basic content of the principle of good faith, andanalysis the function of the principle of good faith, on this basis, introduces the effectof the principle of good faith on the system of invalidity of the parties.The thrid partdiscusses two value goals of procedure justice and lawsuit efficiency, thenrespectively analyzes the relation between procedure justice and the system ofinvalidity of the parties and the relation between lawsuit efficiency and the system ofinvalidity of the parties.Chapter III the comparison of the system of invalidity of the parties in thecivil litigation of foreign countries and areas This chapter has three parts. Thefirst part introduces the system of invalidity of the parties in the civil litigation ofRoman law countries and regions (Germany, Japan and China’s Taiwan region),analysis the characteristics, history, nature and function of this system of thesecountries and regions. The second part introduces the system of invalidity of theparties in the civil litigation of common law countries (USA and UK), analyzes thecharacteristics, history, nature and function of this system of these countries. The thirdpart explores the common characteristics and different qualities of the system ofinvalidity of the parties in the civil litigation between Roman law system and commonlaw system.Chapter IV the current situation and improvement of the system ofinvalidity of the parties in the civil litigation of our country This chapter hasfourth parts. This chapter is the key point and foothold of this dissertation. Thischapter introduces the summary of the system of invalidity of the parties in our civillitigation, then analyzes the two main types (invalidity of defense and invalidity ofproof) of this system, and then introduces the relationship between the system ofclarifying and the system of invalidity, at last, puts forward some views ofimprovement.Conclusion This chapter obtains some advice of improvement on the system ofinvalidity of the parties in our civil litigation on the basis of the analysis of formerresearch.
Keywords/Search Tags:invalidity of the parties, the principle of timely putting forward, invalidity of proof, invalidity of defense, clarify
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