Font Size: a A A

On The Construction Of Civil Procedure Of Admission

Posted on:2011-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:J J ChenFull Text:PDF
GTID:2166360308964164Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As an important principle of debate in modem civil litigation affinned system plays an important role in the establishment of the system of admission, to protect the interests of the litigation, and improve the efficiency of lawsuit is of great significance. Therefore, establishing and perfecting gradually avowed system, is actively promote the reform of civil lawsuit. However the lawsuit pattern in China in the near future, can convert to a certain extent, restrict the admission system. Through the analysis and comparison of according to the system of admission, establish the restricting factors, Not only the basis of admission requirements, the debate is the essence of litigation economy is also required. Therefore, China's avowed system through litigation cost allocation, the judge to court and incentive mechanism of rewards and punishments, etc, prior to the civil litigation mode conversion to construct, gradually advancing and strengthen the reform of litigation.This will be divided into four parts. The first part, the system of admission. This section mainly introduces the basic meaning of admission, its avowed constitutive requirements, the effectiveness and its cancellation. The second part of the legal basis, admission. Expounds its legal principle debate mainly comes from the principle of honesty and credit principle and litigation economy. The third part in civil lawsuit system of admission, the legislative defects and perfect. Through the analysis of the legislation, perfecting system of admission from the technical level of the legal norms. The fourth part, in civil lawsuit system environment and its avowed system optimization. Through the analysis of the current model is not build the ideal environment, system of admission, however, from the current practice of civil lawsuit pattern powers to the model model big conversion and facing some realistic insurmountable difficulties, litigation system vicissitude of tonghe extremely difficult, through the litigation cost allocation, the incentive mechanism of the design to construct the system of admission.
Keywords/Search Tags:self-admission system, debate principle, judicial economy, lawsuit system
PDF Full Text Request
Related items