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On The Cooperative Model Of Civil Procedure

Posted on:2012-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:S S XiaFull Text:PDF
GTID:2206330335498267Subject:Law
Abstract/Summary:PDF Full Text Request
The civil litigation pattern is the main content of civil procedure law. The civil cooperation litigation pattern is stemming from the adversary principle, and having some advantages of the authority principle. The civil cooperation litigation pattern focuses on the cooperation between the judge and the parties, and between the parties and the parties. It regards the judge and the parties as "a work community".Basing on the multi-angle to the civil cooperation system, and combining with the trial experiences,Ⅰconclude that it is necessity and feasibility to use the civil cooperation litigation pattern in our civil litigation reform.In chapterⅠ, by introducing the civil litigation pattern, we propose the civil cooperation litigation pattern. And then through the development of the historical background, the definition, the basic structure and the value of this pattern in detail, we have a further understanding on the civil cooperation litigation pattern.In chapterⅡ, by analyzing the civil cooperation litigation pattern in some countries, we can see that the civil cooperation litigation pattern is consistent with the trend of the times, and it is also the reform trend.In ChapterⅢ, the development of the civil litigation pattern is studied, which indicates that it is necessary to choose and rebuild the civil cooperation litigation pattern in our country. On this basis,Ⅰanalyze the support of the existing system of the civil litigation pattern.In ChapterⅣ,Ⅰmainly study the feasibility of constructing the civil cooperation litigation pattern in our country. Basing on the basic principle of constructing the cooperation litigation pattern, we should rebuild the debate principle and the disposition principle, clear out the right to release of the judges, clearing out obligations of litigants to the duty. And we also pay great attention to change the judge's lawsuit idea, strengthen attorney's function, and promote popular modern law idea.
Keywords/Search Tags:Civil litigation, Litigation pattern, The cooperative system
PDF Full Text Request
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