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On The Countermeasures Towards Litigation-related Complaints In The Perspective Of Harmonious Litigation Thesis

Posted on:2008-07-23Degree:MasterType:Thesis
Country:ChinaCandidate:X M TangFull Text:PDF
GTID:2166360242464882Subject:Law
Abstract/Summary:PDF Full Text Request
The litigious idea of "Justice and efficiency" established by courts is playing very important guiding roles in the practice of trials,which is a lasting theme in the rule-of-law society.However,in nowadays when the subjects of the right of action are becoming many faceted,benefits are complicated and appealings to the higher authorities for help which are involved in lawsuits are becoming more and more,the litigious idea of "Justice and efficiency" hasn't completely been able to cover the needs of the subjects of the right of actions.In the process of establishing the harmonious society,it's necessary for us to re-build a new idea to suit to the needs of our time,that's the idea of harmonious lawsuits which take person as center.Thep harmonious lawsuits guided by this idea are on the basis of Constitution and policies of our Party and have made certain effects with the relative practice of "peaceful judiciary" and "harmonious judiciary".But these relative theories and practice haven't accurately explained the relationship between judiciary harmony and society harmony and the former's role to the latter.It's the harmonious lawsuit that can make up for them.Regarding the safeguarding of human rights as the center,taking rights and duties in the litigious process ensured properly and fairly as contents,"the harmonious lawsuit" should be a kind of litigious idea which makes independent judicial system as the last remedy way and "taking person as center" as the eventual value for a country's legislation.So during the litigious process,it's required that a court should be guided by the idea of" taking person as center to" guarantee the procedural rights of every party and make all adjudications "fair and efficient". Meanwhile,parties in lawsuits are required to be legal,honest,trustworthy and civilized in the processes then their's disputes are settled as harmoniously as possible under the guidance and coordination of the courts.Therefore,"the harmonious lawsuit" make all parties unanimous from opposition and at last become harmonious in the conflicts of benefits.In a word,this idea embodies the value of "taking person as center" in the field of lawsuits in the "harmonious society" of the socialism and is a kind of litigious idea and system which helps people to solve parties' contradictions and settle their disputes.
Keywords/Search Tags:harmonious society, lawsuit-related appealings to the higher authorities, harmonious lawsuit, the idea of harmonious litigation
PDF Full Text Request
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