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The Parties' Statements On Civil Action

Posted on:2011-12-08Degree:MasterType:Thesis
Country:ChinaCandidate:G Y TanFull Text:PDF
GTID:2166360308955160Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In the adversary litigation pattern, the parties are the subject of civil procedure, who entitled to argue dispose of their own benefit through some suit actions. The parties's statements are one of the most important civil suit actions,which have great position in the civil procedure. accordingly it is obviously necessary to make a theory research on them. In the meantime, the parties are regarded as he most important witness in the common law family and the deposition for party concerned is legislative type of evidence, but the parties, don't belong to the witness in the continental law family. The party's statements are also as a kind of important suit evidences in China, the ex Soviet and the east .European Socialist countries all through the ages. In a word, the parties'statements are part of evidence information. This thesis has explored the parties'statements from the view of function based on the parties'double roles in the civil litigation, differentiated the parties'statements which claimed the matter and which proved as evidences, and reconstructed the rules of the parties'statements system of our country civil procedure.The first part, we summarize the parties, statements, firstly we analyze the main view point of domestic academic's,connotation on the parties'statements, redefine the meaning of it, the characters and feathers, the function, the classify, relationship between the parties'statements and lawsuit mode.The second part, this part contains information about the scientific system set up and successful experiences in the extraterritorial regions and major countries, and we can gain some insight by assessing the implications for China.The third part, introduces our country's parties'statements system,we elaborate and demonstrate in detail the legislative status of our country's parties,statements system, problems exist in practice and the causes of these.The forth part, this part, there are some law making suggestions about the reconstruction of the parties'statements in the civil evidence system.
Keywords/Search Tags:The Parties'Statements, Evidentiary Material, The Deposition For Party Concerned
PDF Full Text Request
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