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Research On The Goal Of China's Civil Action Reform Under The Framework Of WTO

Posted on:2004-12-28Degree:MasterType:Thesis
Country:ChinaCandidate:W P HuFull Text:PDF
GTID:2156360122966023Subject:Marxist theory and ideological and political education
Abstract/Summary:PDF Full Text Request
WTO is a permanent international economic trade organizationwhose activities are based on market economy and free competition with a view to making the institutions of the world trade liberalization perfect and the scope wider and monitoring and coordinating the world economic trade activities through carrying out open market and non-discriminate fair trade. The access to WTO is a general tendency in the development of the globalization of the world economic trade and also an inevitable result of China' open policy, which will greatly strengthen China's say in international affairs, open up fair international trade opportunities, and promote the formation of good international and domestic legal circumstances.The basic principles of WTO embody the basic requirement of justice on legal procedure. The core of WTO agreement lies in the justice of procedure, which argues that only the procedures meeting the requirements of legitimate pr edure can satisfy the requirements of the justness of procedure; the justness of procedure is not only the tool and method to pursue the justness of entity, but also is of independent legal value which precedes over the justness of entity. In china, however, there is a longstanding emphasis on the external value of procedure, and it is assumed that procedure is the tool to ensure correct result and doesn' t have any value and meaning independent of trial result; in China' s civil action, there are some trials back awayfrom the value of procedure and the justice of procedure, even the value of procedure hasn' t heen given enough attention in the regulations and rules of eivil action itself and the doctrinal analysis. In fact, the rights and obligations set up by the entity law can't exist independently without procedures greatly attached to procedures. In the process of pursuing legal justness, ensuring the justness of procedure and the value of procedure are the prerequisites to realize the legal justness. With a view to the problems existing in the trials in China' s civil action, the reform of civil action should aim at realizing the justness of procedure, the stability of procedure and the benefits of procedure to ensure legal justness and pursue the value of procedure by the attainment of the justness of procedure. . There are some gaps between the trials in China' s current civil action and the requirements of ihe value of procedure in five aspects which needs to be improved., such as the manners of trials, the coordination of court, the trial system, the trial supervision, the quality of judges.The essay centers on the theme that the reform of China' s civil action should aim at realizing the value of procedure under the framework of WTO. The author has researched and explored the theme in three angles. Firstly, the goal of China' s civil action reform is analyzed in detail from the angle of the core of the WTO agreement; secondly, a doctrinal comment with the author' s own thoughts is made on the current trial situation in China' s civil action in the above five aspects, which is the core of the essay; at length, the concrete tactics about the reform of China' s civil action under the framework of WTO are clearly stated.
Keywords/Search Tags:WTO agreement, value of procedure, justness of procedure, stability of procedure, benefit of procedure
PDF Full Text Request
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