Study On The Pragmatic Approach Applicable In Civil Justice

In the social transformation, justice is not only applied to determine the right and wrong in accordance with the laws. More strikingly, it is a historic mission which by applying adaptable regulations to dissolve disputes, maintain the social stability and order, promote the harmonious development of the society, spread legal civilization and foster the formation of legal society. It is a demonstration of the pragmatic value of justice. Facing the historical opportunities for development, the pragmatic judicial philosophy provides a new theoretical prospect for the judicial staff, with the pragmatic trial philosophy as an effective theoretical support for establishing harmonious justice and practice. It also reflects the tendency of the contemporary legal thought. This thesis is to provide suggestive approaches for the scientific development of civil justice in the court by means of pragmatic theories.It is divided into seven sections. Section I is the introduction in which the significance, aims and ways of pragmatic approach applicable in civil justice are analyzed; in section II, the discussion involves the concept and features of civil disputes, suability of civil disputes, concept and features of civil actions and principles of civil actions. This part will lay a basis for the further analysis. Section III mainly focuses on the analysis of theories and sphere of pragmatic approaches as well as its adaptation in real practice; In Section IV the study is on the principle of pragmatic trial and the seeking for the unity of destination and principles. Section V mainly involves the study in the civil trial cases in Rizhao two-level courts. The existing problems are to be found by analyzing in order to solve the new problems better. In the sixth section, the pragmatic approaches are analyzed so as to provide more inspirations for the civil justice. The conclusion is made in the last section.