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Sitution Of 《Civil Procedure Law Of The People's Republic Of China》in Tudicial Practice And Related Innovation Scheme

Posted on:2004-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:J YuFull Text:PDF
GTID:2156360122970264Subject:Law
Abstract/Summary:PDF Full Text Request
Starting with the practice of carrying out and implementing 《Civil Procedure Law of the People's Republic of China》in the court circles of Guangdong Province and using the method of practical evidence combined with logic, this thesis fully describes the situation of 《Civil Procedure Law》in judicial practice in the court circles of Guangdong Province which refracts and corroborates the destiny of《Civil Procedure Law》. At the same time, it also generalizes the in-born deficiency --- defect in legislation, which has existed in a number of systems of《Civil Procedure Law》. It provides the perfect suggestions according to the requirement of judicial practice. Based on this point, this thesis further induces and justifies judicial practice's effort and contribution to《Civil Procedure Law》 ----the reform of trial style and its legitimacy. The whole thesis not only shows the concern to practice but also the thinking to theory, which provides a great deal of testified materials to theory research of the Science of Civil Procedure Law and theoretically brings out some good advice for the perfection of《Civil Procedure Law》and for practical innovation system.This thesis consists of five parts. The first part is an introduction that presents the origin of the title, the gist of the thesist and the problems needed to be solved. The second part summarizes the situation in motion of《Civil Procedure Law 》in the court circles of Guangdong Province. This part also uses actual data to describe and summarize the achievement and practical experience about how the court circles of Guangdong Province have carried out and implemented《Civil Procedure Law》. The third part: difficulty and problem. This partgenerally discusses some difficulties and problems in the process of applying《Civil Procedure Law》 and it also presents some intrinsic problems that have reflected in judicial practice in some systems of《Civil Procedure Law》. The fourth part :some thinking and suggestions on how to perfect some systems in Civil Procedure Law and accomplishes the work of carrying out and implementing Civil Procedure Law . From the two angles and gradations related to system creation and the requirement of judicial practice, this part puts forward thinking and suggestions on how to perfect and carry out《Civil Procedure Law》. The fifth part, i.e. the last part: the rational consideration to innovate the system of civil procedure in judicial practice. This part is a normative demonstration. It recalls and summarizes how the system of《Civil Procedure Law》has been innovated in judicial practice this decade, and demonstrates legitimacy of the reform of civil trial style, which has profound social, economic, political and cultural background, and conforms to the reform and fits in with the legitimate basis to the needs of times and society.
Keywords/Search Tags:Civil Trial Style, The reform of civil procedure system, Application of Civil Procedure Law
PDF Full Text Request
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