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The Study Of The Period Problems Of Civil Procedure Law In China

Posted on:2007-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:S ZhouFull Text:PDF
GTID:2166360185980981Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As the economy of our country develops faster, and the course of rule of law speeds up, also, under the background of the judiciary reform which bases its theme on efficiency and justice, it's quite necessary for us to calm down and rethink deeply the existing system of time periods governing the civil procedure, analyze its current functioning status quo, summarize our experience and use the experience of other countries for reform in order to perfect our own system of time periods governing the civil procedure in a"advance with time"way.System of time periods governing civil procedure concerns to the protection of parties'procedural rights and interests and to the improvement of judging efficiency of the people's court. The existing time periods governing civil procedure system is not reasonable, and does not define and distinguish scientifically the power (right) distribution between the judge and the parties, which is detrimental for the parties to exercise timely their procedural rights, perform their procedural obligations and accept the judging in time in conformity with the law, which is detrimental for the court to perform its judging obligation correctly in time, and which is detrimental to assume the fluency and continuity of the action.If we regard time periods governing the civil procedure as a system, within the author's field of vision of the civil procedure, it seems that none of the scholars in China has studies it systematically. Philosophically, in a system, every subsystem has their common feature and its own. The author thinks its beneficiary for the health operation of civil procedure systems if we can excavate the common feature from every concrete operation process of the time periods system, then harmonize their relationships macroscopically and straighten out the relationships between it and nearby systems. The author attempts to make a entire study on the time periods governing civil procedure. By giving a brief account and probing and analyzing its status in civil procedure, the author will analyze some typical legislation and practice, based on which, the author, by introducing the"people oriented"thought as the rudder, also taking the advancing action, protecting the parties procedural rights, the parties'equality and good faith as the guiding principles, attempts to raise some theoretical assumptions to reform and perfect the system of time periods governing civil procedure.
Keywords/Search Tags:system of time periods, people oriented, advance the action, parties'procedural rights and interests, good faith principle
PDF Full Text Request
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