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Factors Impeding The Litigation Right In Civil Proceedings And The Settlements To The Issue

Posted on:2008-11-15Degree:MasterType:Thesis
Country:ChinaCandidate:H W ZhangFull Text:PDF
GTID:2166360242959455Subject:Law
Abstract/Summary:PDF Full Text Request
Litigation right has been evolving over years.Litigation right is playing an important role unparalleled by any other one in our life. As a public right, it is a basic right entrusted by the Constitution. Besides, it is a powerful arm for the party to protect their right in the proceedings. Nowadays, there's an irresistible trend to constitutionalize the litigation right in the procedure law reform. Litigation right also serves as remedy reflecting both substantially and procedurally. When you are involved in dispute, you can appeal the court to make a just judgment so as to clarify the rights and obligations of respect parties as well as remove the encumbrance or claim for damages.However, in China, the existing legal system can't satisfy the need to protect the right and there are many factors to impact or impede the exercise of the litigation right. Besides the flaws of litigation right itself, the social culture especially the legal culture, the legal system and its operation mechanism constitute the factors aforesaid. With regard to the judicial practice, such things that impact or impede the exercise of the litigation right are here and there. For example, due to the judge's personal quality, the judge may break the law on trial which will do harm to the litigation right of the party to the action. Also, the parties to the action are to blame, for they are little aware of the litigation right.The article is aimed to figure out effective ways to protect litigation right through analyzing the factors aforesaid. I will elaborate it as following:Firstly, I'd like to introduce the conception of litigation right and detail its evolvement to enable you have a clear and profound awareness of the conception.Secondly, grounded in the legal system and the culture fostering it, I'd like to analyze the factors to impact or impede the exercise of litigation right.Then I will develop some measures to protect the litigation right in three aspects, fist of all, improving the people's awareness of this, by which the party can make full use of the litigation right to solve the dispute and safeguard their legitimate rights the interests.Second, in regard to the judges, it's imperative to rigorously implement the procedure of reviewing qualification as well as the trial supervision, which pose the high pressure to the judges not only to respect the party's litigation right but also to improve their quality to apply the laws and regulations properly. And this will accelerate the development of the litigation right in the judicial practice.Third, I will underscore the importance of the litigation right in the view of the practice. It is the full awareness of its importance that the related people especially the judges will safeguard the litigation right in accordance of the law when the party exercises the right. And it is also the awareness aforesaid that the related people will respect the party's decision to give up the right, if the act of the party doesn't do harm to the national interest and the interest of others.I try to figure out effective ways to protect litigation right through analyzing the factors aforesaid. As a judge, I realize that it is my responsibility to work in accordance of the law and safeguard the litigation right of the party to the action so as to solve the dispute fairly and squarely to protect the legitimate rights and interests of the party.Through this article , I have a further awareness of the protection of the litigation right. So I believe I will exercise my power more properly.
Keywords/Search Tags:litigation right in civil, procedure impact or impede the exercise of the litigation right, protection of the litigation right
PDF Full Text Request
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