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Our Civil Program Options

Posted on:2011-12-08Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhuFull Text:PDF
GTID:2206330335998689Subject:Law
Abstract/Summary:PDF Full Text Request
Civil procedure, as the parties have the option of a civil process rights, full respect for the legislative meaning of freedom of the parties, the parties to reflect the care process. Our law of civil procedure also has the right to choose the relevant provisions, but because the proceedings of the dominant position of the parties has not been fully established, resulting in our choice of civil procedure in the legislative and judicial aspects, there are many defects.This paper from the civil proceedings the right to choose the basic theoretical issues starting from the perspective of comparative law study of foreign-related legislation, and thus the right to examine the choice of the status of civil procedure to analyze the defects and root causes of domestic legislation and put forward concrete reform ideas to improve the civil procedures of the parties the right choice.Articles by the introduction, the main paper, conclusion and references in four parts. Introduction outlines the option of civil procedure relevant background theory.The main part of the theory itself is carried out analysis and discussion, some concluding remarks confirmed the choice of civil procedure for future research.The main paper consists of the following four components:The first part is an overview of the civil procedural option. Briefly describes the meaning of civil procedure and the exercise of the right to choose the legal effect, and the option of civil procedure the theoretical basis and practical value are analyzed.The second part is the option of extraterritorial investigation of civil procedure, introduced by way of a list of countries the option of civil procedure laws and regulations.The third part reveals the power of the status of civil procedure and the lack of choice. Caused mainly due to lack of powers doctrine of the long-standing pattern and body position of the Court of Civil Procedure dictates, at the same time, civil rights legislation and program selection system design flaws.Part IV focuses on how to improve the choice of the construction of civil procedure recommendations. First of all the parties to the dominant position should be established,the full implementation of procedures in the proceedings of the main principle. Second is the specification of the existing system be further improved to fully respect the legislative and judicial agreement of the parties, the parties to expand the range of options. However, drawing on the relevant countries the right to choose the system of civil procedure, they should also be based on the reality of options, such as Taiwan, China's choice of judges is not appropriate at present to promote the region in the mainland.
Keywords/Search Tags:civil procedure option, the main principles of program, procedural justice, system Improvement
PDF Full Text Request
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