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Review On The Theories Of Action Right

Posted on:2006-07-13Degree:MasterType:Thesis
Country:ChinaCandidate:S Y LiuFull Text:PDF
GTID:2166360155463671Subject:Litigation
Abstract/Summary:PDF Full Text Request
The concept of Action Right, as the footstone of civil litigation laws in the entire mainland laws, has been studied with great concentrations by the scholars of civil litigation laws.Since the word "actio" was created firstly by Roman, the scholars of litigation laws from different history periods successionally put forward a great many different litigation theories based on historical environment and academic development situation of that time.However, these theories were not that rigorous and precise, so the assured definition of litigation did not get completely consistence theoretically.This article aims at trying to make the litigation theories more meticulous theoretically through the research of existing litigation theories and shallow thoughts from the author himself.To reach this purpose, this article firstly gets review from the history of litigation doctrines' development, and on the time of reviewing the main contents of all kinds of detailed litigation theories and to the defects in such theories, it brings forward relevant amending opinions.Also it gets some theories effected on the litigation doctrines in the historical development in the reviewing, and does some relevant changes to make them more realistically through its dissertation of nowadays changes to illuminate this theories.Then on the basis of the contents above, the author raises the definition oflitigation from the angle of "Program—Meta", and reveals the main contents of litigation theories through analysis of this definition.Finally it makes the connotation of litigation more clean and clear through the comparison between litigation right and similar dissertation.
Keywords/Search Tags:Action Right in civil proceedings, The socia fuctions of the state, The popurse of the civil procedure, Fuctions of the court, The relation between the civil substantive law and the civil procedure law, Right of action, Power of civil jurisdiction
PDF Full Text Request
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