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The Research Of The Civil Litigation Right

Posted on:2012-10-13Degree:MasterType:Thesis
Country:ChinaCandidate:X H HouFull Text:PDF
GTID:2166330335980040Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Litigation theory is regarded as the "goldbach's conjecture in civil procedural law," in procedure plays a high position. In the modern society ruled by law, litigation has become citizens, organizations which enjoys a basic right, in litigation procedure it plays an important role, with multiple values. In our country, the theoretical research of litigation is focus on more specific system research. in legislative, it still needs to get regulatory safeguard. Based on the existing litigation theory research and foreign civil litigation security research, combining the actual situation in our country, the right of the guarantee system, in order to make improve the parties to fully exercise the litigation.Based on defining the concepts, through various theories of evaluation, right connotation and denotation, characteristics and relative concept of analysis, this paper summarizes these. Litigation is a kind of both procedures sense and also includes substance and meaning on the right .That it includes three aspects: the parties optimum lattice, appeal benefit, the dispute can be accused.Based on the investigated of overseas civil litigation security, in combination with the present situation of protection constraining factors and positive factors, to perfect the system of the civil litigation protection are expounded. Ours civil litigation should have multiple value goals. With the improvement of legal consciousness, citizens shall be the diversification of efforts to build a dispute resolution and stereotype, on legal aid system to reform, to our country civil litigation to protect and limit the right of abuse to take some measures.Our country's system should be improved from the litigation system, in order to play the role of litigation, theoretical study of litigation shall be into the practical application in both legislative and judicial system.
Keywords/Search Tags:Civil litigation, The parties of litigation, Safeguard
PDF Full Text Request
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