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The Research Of Civil Complaint

Posted on:2011-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:M XiaoFull Text:PDF
GTID:2166330332464504Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Civil complaint is a written request be given to the people's court which written by plaintiff when his or her civil right is infringed or dispute with others, they written it in order to safeguard their civil rights and interests based on facts and law, and to require the court to protect their civil rights. The civil complaint belongs to the category of indictment, have no theory value ,therefore few scholars to study them., Even if there exist, is just about how to written the civil complaint .without analysis of the function of the civil complaint , and analysis of the problems of its written and modify which exist in the system. The author thinks that a civil complaint to the court is the most primitive, the basic document which reflected the plaintiff specific request and the facts and reasons .A country's civil complaint structure and content are rich in basic theory. As to the parties, Civil complaint is of great significance on protecting their civil rights. At the same time ,The civil complaint is also the foundation of the work of the court to start a case . Therefore, the study of civil complaint is of great theoretical and practical significance.This article will discuss in three parts; the first part is about the main functions of a civil complaint. When some one's private rights were invaded, they would like to seek judicial, and it is necessary to initiate and conduct legal proceedings, which, the first step is writing a right civil complaint. In addition, only the parties to litigation prosecute a suit that the court can keep dossiers and examine by judicial process on it; and that the defendant can be in opposition to complaints against him or her. Moreover, the submission of the civil complaint means that the proceedings start, and will lead to the under action.The second part is about the ways to write a civil complaint. Civil complaint as a written request submitted to the court, thus making it shall comply with laws and regulations of the written specification. Although our law on the content and format requirements about the civil complaint are made, but the practice is not strictly ensured, thus affecting the exercise of the rights of parties to litigation, but also lead to lower judicial efficiency. From the normative point of view, how to further improve China's civil complaint system should be our next focus of reform the civil complaint. In this pat, the author is around the various parts of the production requirements, methods, and production problems and how to improve it.The third part is about the ways to amend a civil complaint. No matter in China, or in western countries, whether to allow amendments to a civil complaint, has undergone a strict process to wide. In this part, the author firstly, defining the concept and of analyzing the necessity about amending a civil complaint; secondly, comparing the changes in legislation about the civil complaint of major countries; at last, presenting the ways to improve the amendments of a civil complaint, on the base of the analysis of the modified problems in a civil complaint.
Keywords/Search Tags:Civil complaint, Parties, Claim, Cause of action
PDF Full Text Request
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