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On The Constructions About Legal Procedure Obligations

Posted on:2009-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:X N LuFull Text:PDF
GTID:2166360245966190Subject:Legal theory
Abstract/Summary:PDF Full Text Request
At present, China is in the period of social transformation from traditional society to modern society; structure of the confrontation caused by the drastic social change and conflicts of values easily trigger social disputes. Many times, it is very difficult to give fairly judgments on these disputes, and thus a fair and reasonable process is very necessary. However, the Chinese traditional legal culture makes light with entities while pays special attention to process, and pays special attention to results while makes light with process, which has brought us considerable negative impacts on the rule of law for decades since china has founded. Neither have those negative impacts provided a good theoretical foundation for the constructions of the rule of law and procedure, nor had they focused on the design of rational procedures and construction of process in the law making; not to mention the understanding and improving the obligations of the legal process.When "pay special attention to entities while make light with procedures" and the theory of "right-based" are in the leading position in the contemporary theory while procedures and obligations are considered as proxy and a clear and comprehensive understanding of the concept, characteristics, elements of the legal proceeding obligations become a necessity. And we should understand how the legal proceeding obligations plays a positive role from a macro prospect. The relation of right and duty of legal procedure is not corresponding but complex in the deeper lever. The status and role of legal procedure obligations in the obligation of the legal proceedings is very important, that is also values and goals in the legal proceeding obligations. There is much of inadequacy of the contemporary legal proceeding obligations, starting with the concept from the update and learning from good experiences and theories of others, construction should be raised in the proceeding construction in the fields of lawmaking and legal practice.
Keywords/Search Tags:legal procedure obligations, procedures, obligations
PDF Full Text Request
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