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The Impact Of Case Participants And Their Social Relations On The Procedures And Results Of Cases

Posted on:2012-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:C P CuiFull Text:PDF
GTID:2206330338991582Subject:Law
Abstract/Summary:PDF Full Text Request
In 2011, jurisprudence with Chinese characteristics has basically formed. At the same time, the life of laws is based on implementation. In the practice of Chinese judicature and law enforcement, the implementation effects of law are not satisfactory. The phenomenon of illegal law enforcement, abusing the law and practicing favoritism and deliberately break the law are still common.This article researches on how the case participant and his social relations affect the procession and result of the case through actual case. Still further revealed that the truth of lack of consciousness of party's safeguarding legal right, serious defect in judiciary and improvement relationship between attorney and judge are the main reasons why the law can not be enforced properly and judicature can not embody justice.Conclusion: If we want to realize the proper enforcement of law and the justice of judicature, we must improve the consciousness of the party's safeguarding legal right, over come localized judicature, improve the quality of judge and build proper relationship between attorney and judge according to the require of our legal society. This article mainly illustrates from 2 respects. The first one is the affection for the procedure and result of the case which caused by the relationship between parties and Executives. It mainly illustrates different relationships between parties and Executives causes different results. Conclusion is that party's consciousness of safeguarding legal right is low and localized judicature is the main reason why the law can't be enforced properly.The second one is the affection for the procedure and result of the case which caused by the relationship between attorneys and judges. The main reasons why the law can not be enforced properly is that the low quality of judges and bureaucratic judicature. The relationship between attorneys and judges hasn't meet requirements of the socialist legal system and justice requires more stringent supervision. The affection for the procedure and result of the case which caused by the party and his social relationship is a problem needs continually penetration and improvement. Because the limitations in knowledge and vision, it is hard to conceal superficiality and defects. Still the author would improve continually on this subject in the future.
Keywords/Search Tags:Participants, Law enforcement, Consciousness of safeguarding legal right, Justice
PDF Full Text Request
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