Font Size: a A A

The Implementation Of The Civil Party Status Of The Main Program

Posted on:2011-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:J R ZhangFull Text:PDF
GTID:2166360305491595Subject:Law
Abstract/Summary:PDF Full Text Request
China's civil legislation and judicial practice, to protect the rights of the parties very well-produced root cause of this problem lies in the main proceedings on the parties the right to ignore. In civil proceedings, based on the requirements of human nature and the human will and dignity, Procedures of the main parties should have the right to claim the parties in the dominant position of the proceedings, to reform the existing legal models to the Cooperative forward, should always run through civil action in the contemporary theory of our research.This article attempts to mandate Model and the adversary model comparison Clear adversary mode of the main parties to the status of the content features in-depth analysis of the status of the implementation status of the main parties, the main process by comparing the status of the foreign party to implement the study, put our program on how to protect the dominant position of the parties to implement the theoretical ideas, and thus promote judicial reform process.The first part is the status of civil litigation model and the relationship between the parties. Analysis of different action mode, the status of the parties of litigation, by comparing the Power of models and adversary model, a clear pattern of the party of the main adversary status connotations. The second part is the implementation process of the main parties to the status of civil justice reform for the national conditions of China. Marxist analysis of the actual functions of the existing pattern of abuse, the parties discussed the implementation process of the main position is suited to China's national conditions of civil justice reform initiatives.The third part is the dominant position of foreign civil party procedure comparison. Comparative analysis of civil law countries and common law countries, legislation and judicial practice in China for the next part of the civil status of the parties to implement the main theoretical ideas provide valuable practical reference.The fourth part is the status of implementation of the main parties of Civil Procedure Theory and Practice. By analyzing the status of the parties of the main three stages of development, to further clarify the status of our implementation of the main party status.Partâ…¤of the principal parties to the status of China's Civil specific ideas for implementation. Separately from the litigation system, process system, the related concept of legal theories and litigation and other aspects described.
Keywords/Search Tags:civil litigation model, powers doctrine, adversary, of Cooperation, the dominant position of Civil Procedure
PDF Full Text Request
Related items