Study On The System Of The Accusatory Irritancy To Illegal Procedure For Parties

The system of the accusatory irritancy to illegal procedure is an important component of institution irritancy for parties of civil suits. Because of the objective reality of illegal procedure, it is an inevitable requirement to give parties accusatorial right to illegal procedure for procedural justice. With a view to the conflict between infinite require for the justice and finiteness of judiciary resources, it is indispensable to impose restrictions for accusatorial right. So the accusatory irritancy to illegal procedure obtain the validity. Most countries have instituted rules to the system of irritancy in civil procedure law, but the concept of the accusatory irritancy to illegal procedure is not accepted extensively in our country, except for dispersion of some irritancy in paragraph, such as irritancy to challenge or jurisdictional dissent. The uniform provision about accusatory irritancy doesn't really come out. It certainly lead to apply optionally and lose authority. Parties who have think of a way to do a malicious action will take opportunity to upset litigant order. The target of maintaining social fair and just for law will not be hamstrung. How to use the system of the accusatory irritancy to illegal procedure correctly under both reason and law is needed breaking the back of a tough job. It is also the most important issue in the thesis.On basis of the plenty of research on judicatory situation in our country and compare the system of irritancy in civil suits in other countries ,the thesis divides into three parts for analyzing the system of the accusatory irritancy to illegal procedure. The first part analyzes theoretical value of the system from intension, constitutive requirements and consequences of divesting accusatorial right, to prove escape clause rationality. The second part instances the irritancy to challenge, jurisdictional dissent or appeal and rehear, analyses relevant law in depth. Especially lay particular emphasis on the theoretical research when adjudicate irritancy and the validity of accusatory irritancy to illegal procedure. And the analysis on the problem of accusatory irritancy to illegal procedure is the precondition to institutional reconstruction. The last part is the most importance emphasis in my thesis. Through comparing the different attitudes toward the system of the accusatory irritancy to illegal procedure in Continental Legal System and US and Britain Legal System, we can understand underlying mainland law culture. We should make every effort to definite types of irritancy, enact the concrete measures from three aspects for improving institution, and coordinate with related justice system to provide institutional guarantee for realizing civil procedure 's goals. We hope that it could resolve individual dispute and put state power on citizens honor, then protect parties'legal rights and interests at the same time.