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Research On The Judge Interpretation In The Civil Procedure Law

Posted on:2008-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhouFull Text:PDF
GTID:2166360218960855Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Judge Interpretation is a very important concept in the civil procedure theory of the civil law system. It is adopted by a lot of countries and regions because of its significant function in the balance of litigation rights and judicial powers. It promotes the realization of the substantial justice, and was called the Great Charter in protecting litigation rights. China is now experiencing a significant period of civil procedure transformation; the research on the topic benefits solving the rearrangement problem of the power of the judge and the right of the litigant.This paper includes three main parts: foreword, test and conclusion.The foreword gives a brief introduction of the judge interpretation's significant status in the civil procedure theory of the civil law system and the recent research on judge interpretation at home, and clarifies the writing method and purpose.The text was formed by four chapters:Chapterâ… :Summary account of judge interpretation. Introduce the concept, nature and categories of judge interpretation. demonstrate the dual nature theory. Analyze the legal basis that the judge interpretation theory was based on, such as promotes the realization of the substantial justice; avoid surprise attack of judgment, etc.Chapterâ…¡:Research on the Judge interpretation theory with a view of comparative law. Introduce the development of judge interpretation in the main country and region of civil law system, and then analyze the same point and differences between the two law systems on Judge interpretation theory and other related issues. Try to find the development trend of the judge interpretation with a view of comparative law. Chapterâ…¢:Research on the relevant issues of judge interpretation. Analyze the relationship between judge interpretation and all kinds of civil litigation patterns, come to the conclusion that the co-operation civil litigation pattern was the most ideal pattern, and the establishment of the judge interpretation will promote china to form co-operation civil litigation pattern. Analyze the relationship between judge interpretation and litigation command right, etc.Chapterâ…£:Establish the judge interpretation in China. First, introduce the current research result about the judge interpretation theory in China, and then analyze the necessity of establish the judge interpretation, and at last give some rebuilding proposal on judge interpretation.In conclusion, China is now experiencing a significant period of civil procedure transformation, how to solve the rearrangement problem of the power of the judge and the right of the litigant came to be a core problem. The writer considers that the co-operation civil litigation pattern should be the most suitable civil litigation pattern for China, and the establishment of judge interpretation can promote the realization of the substantial justice and procedure justice, the writer do hope that judge interpretation could be established in China as soon as possible.
Keywords/Search Tags:Judge interpretation, Argumentum, Surprise attack of judgment, Disclosure of the evaluation of evidence
PDF Full Text Request
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