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Civil Law And Civil Substantive Relationship

Posted on:2011-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:L JiangFull Text:PDF
GTID:2166360305991402Subject:Law
Abstract/Summary:PDF Full Text Request
Substantive law and procedural law is based on the different aspects of the provisions of law subject to the law of a classification. How to understand the relationship between the two, has great significance. But relations between the two position, it has been a more complex issue.This entity benefits from the perspective of the Civil Code of Civil Procedure and the relationship between civil substantive law, procedural law and substantive law described the relationship between the evolution of civil law is to protect the substantive interests, whether the procedures can be based, whether it should be set to program centered on the interests of the concept of procedural justice. Which discusses the substantive law of civil procedure and civil relations in the end how the positioning and the impact on judicial practice and role.This article is divided into four parts, on the subject of analysis.The first part is the civil law and civil substantive relations theory analysis. Proceeding from the historical development, presentation and substantive law, procedural law, the development and evolution, and programming tools and procedures for parochial theory of Marxism to analyze the meaning.The second part of civil proceedings civil substantive interests of substantive justice and procedural fairness. This part of the law by pursuing a fair idea to bring out, by analyzing the civil proceedings in the civil Beneficiaries of the specific circumstances of entities drawn on both Bijiao justice and procedural justice, the substantive justice is not deterministic characteristics, procedural justice has uncertainty of the preliminary conclusions, as the program later in defining the meaning of selfishness, procedures, course content should be selfishness, and the last program interests and the interests of both physical basis for the realization of ideas.The third part defines the meaning of Civil Procedure selfishness and ought to be content. The meaning of Civil Procedure that there are two aspects of selfishness, are indispensable. Finally procedural justice, the party program of the main status, procedures and processes to protect the interests of the aspects of program content selfishness ought to be explained.Fourth part discusses the process the interests of both interest and physical realization of ideas. As the entity of interest can not be completely protected, disprove the program benefits the important position in civil proceedings. Process during the proceedings through the implementation and protection of the interests, for the positive impact of judicial practice and important role to promote substantive justice. Should strengthen the research interests of the procedures, legislation and judicial practice in the process of interest and the interests of both entities.
Keywords/Search Tags:tool on Programming Standards of, the interests of civil procedure, civil entity interest
PDF Full Text Request
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