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From The Value To The Function

Posted on:2011-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:W D QiFull Text:PDF
GTID:2166360305475995Subject:Litigation
Abstract/Summary:PDF Full Text Request
The relationship between the civil substantive law and the civil procedure law is always one of the essential topics in the law schools, so that the relationship with the Civil Law and the Code of Civil Procedure becomes into an important theory problem naturally. For a long time, the old methods we used to discuss the relationship by picking the whole department law as the entry point and selecting the value as the only one angle of view insulate the Civil Law from the Code of Civil Procedure. Try to break up the kind of bottleneck , we should pick the substantive rules and the procedural rules as the entry points and try to inject the function view into the value research method which is the foundation way of studying the relationship between the Civil Law and the Code of Civil Procedure. That proves there are three interactional functions at the micro. The first one is the mutually reinforcing function, the second is the function of correcting each other and the last one is the function of blocking each other. We hope that the new view and method will provide a different visual field in researching the interaction between the Civil Law and the Code of Civil Procedure.
Keywords/Search Tags:the substantive rule, the procedural rule, value, function
PDF Full Text Request
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