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Study Of The Principles Of Civil Debate

Posted on:2012-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:F D HuangFull Text:PDF
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Development and change in modern society, the law and legal theory should be the times or in advance in order to protect and promote social economic and cultural development and progress. Debate on the principles of civil court activities as one of the criteria, but also should follow up with the times, after a century of civil debate on the doctrine of development and change are still being used in western countries and the rule of law being respected, and made it to the parties claims based on information between the parties with a reasonable division of the Court and the Court limited the scope of debate within the party to decide, so good to protect its social stability and promote development. Therefore, the development of civil debate system has a relatively perfect system of debate is more reasonable, the binding of the rule of law in civil proceedings generally are followed.Civil Procedure Law Civil Procedure and the former Soviet Union due to our traditional way of trial, so that the principles of civil debate and the civil law doctrine is far from the debate. Although in recent years conducted a Civil Trial tend to protection of the rights of the parties, and some reforms have been a debate in which some elements of Marxism, but the principles of civil debate and the real debate on the principle of binding there is still a gap, In order to realize the purpose of civil trials, civil law should be debated in the introduction of Marxism-binding principles for China's civil debate, which is respected by our jurisprudence. So research and study the principles of civil debate on the doctrine of the Civil Procedure Law of the development and improvement of theoretical and practical significance not only in judicial practice and is also a valuable reference and guide. Therefore, this debate on the Principles of Civil Procedure, and compared with the debate on the doctrine that the principles of the current debate on the Civil Procedure Law of the deficiencies. Meanwhile, the debate on the principles of civil procedure reform and improvement of proposed ideas.This article consists of four parts:The first part, through the analysis of the basic legal principles of civil debate, introduced the principle of civil debate on issues such as the debate on the meaning and content of the basic principles, and the meaning of the principle of civil debate has defined the "debate" the meaning of the words to debate the concept and principles of content analysis. Using the method of comparing the debate of the principles of civil procedure law and civil law principles of the debate system to compare and find the intrinsic link between the two theories and to find out the difference, as discussed below paving the way for a theory.The second part, study the principles of civil legislation in the debate on the situation and existing problems, analysis of the debate on the principles of the major defects exist: first, the principle of civil debate in the formal right to debate the party. Second, the principle of civil debate in the absence of binding between the subject of proceedings, including the principle of debate between the parties can not produce binding effects and the lack of binding on a judge.The third part of the contemporary development of civil debate system. Combining the three propositions of classical Marxism limit debate on the development and improvement and the court proceedings on the parties to gather information to help - Interpretation obligations, civil debate on the civil law doctrine that the Department and the advantages of reasonable, and shows that our civil debate on the principles of the reform and development.The fourth part, the establishment of civil debate system. The principle of civil debate with crude analysis and discussion, the paper advocates the principle of conversion of civil debate, the debate system. This is to achieve and maintain an important guarantee for the democratic rights of citizens and help our country justice, fairness, justice and efficiency of implementation. Establish the doctrine of civil debate on the existence of reality and theory of action model based on five aspects of the idea put forward: First, limit the right of judges to investigate and collect evidence. Second, the judge stressed the obligation of Interpretation. Third, to prevent the referee judges to carry out attacks. Fourth, the establishment of accountability of judges and ex post relief system. Fifth, strengthen the court's res judicata.This article hopes to provide useful practice in order to help the law for the revision of Code of Civil Procedure provide a reference, the establishment of the Civil Procedure Law of the binding nature of the debate debate the principles of Marxism, the real legal and practical action to protect the rights of the parties.
Keywords/Search Tags:debate principles, the debate system, interpretation right, attack the referee, res judicata
PDF Full Text Request
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