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The Research Of Our Transmission System In Civil Procedure

Posted on:2007-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y W WuFull Text:PDF
GTID:2166360212473078Subject:Law
Abstract/Summary:PDF Full Text Request
"Procedure is the heart of law", transmission is the joint of procedure. Without transmission, the procedure can't gain a footing and move in motion. Transmission is a communication between the Court and the Parties, it is the window for parties and participates knowing each other, and it's also the basic and system guarantee for mutual motion between each other. Transmission has its own special procedural value and function. No matter the legislation body, judicial departments or the academic circle, we don't pay enough attention to transmission system. We also lack in experience and careless for the predicament in judicial practice caused by the difficulties in transmission. This thesis will do further understanding in the difficulties according to the inspection of our present legislation and judicial practice in order to find out the countermeasure accordingly. The legislator doesn't treat the transmission system as a basic system in civil procedure, that's the reason in system level causes the difficulties. The outworn concept in legislation and the pattern of transmission are not compatible to the present reform of trial. That's the reason in reality level. Inspection of one primary court's situation in middle area for nearly five years, combination with six legal ways of transmission, type its problems, these are the concrete reflection in difficulties. Based on these, it will inspect the distribution of responsibility in transmission. The completion of transmission system including: changing the guiding principle in legislation and behaviour pattern, redefiniting the main body of transmission, dividing the invalid transmission, regularing the right and obligation of deliver and receiver, clearing the right in choosing the way of transmission and judgement, increasing and completing the way of transmission.
Keywords/Search Tags:Way of transmission, invalid transmission, right of choosing the way of transmission
PDF Full Text Request
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