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On The Doctrine Of No Matter In Civil Action

Posted on:2014-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y X ShiFull Text:PDF
Abstract/Summary:PDF Full Text Request
Non bis in idem is an important principle of justice now, plays an important role in the behavior standard procedure and evaluation standard. It is related to the object of action and res judicata of these two core aspects, the value is the justice of procedure.Although in civil litigation of China not to establish non bis in idem specific provisions, but the impact of the court for decision in the judicial practice. From the aspects of the legislative and object of action and the theory of res Judicata, this article analyzed of "non bis in idem". In order to establish the principle of non bis in idem and puts I forward some suggestions for our country’s civil procedure.In this paper, through theoretical analysis, case analysis, contrastive analysis method elaborated our country civil procedure law of the principle of non bis in idem. The full text is divided into three parts; the main contents are as follows:The introduction part introduces the purpose of this research and the present research situation about foreign principle of non bis in idem.The text part is divided into four parts; the first part is the connotation of the principle of non bis in idem, from two aspects of the origin and boundary conditions, the paper introduced the principle of non bis in idem.The second part of the analysis of repeated procedure of civil litigation in legislation and judicial practice in the storm focuses on the analysis of judicial practice in our civil procedure law problems.The third part through the analysis of foreign science no longer principle about judicial practice experience, mature theoretical results, combined with the reality of our country, and focus on the development of the legislation of our country, to solve our country’s civil procedure of non bis in idem problem, and strive to provide new ideas for our country is no longer a set of science.The fourth part, certainly China according to the principle of legislation progress, from the aspects of legislation, litigation, res Judicata, we establish a idea of the principle of non bis in idem. Then in the general provisions and specific provisions formulated of the Civil Procedure Law of our country, proposed in part the incident no longer principle suggestions.The conclusion part summarizes the full text, hope that the relevant theory described and the judicial practice question research in this paper, plays an important role in establishment no longer principle of civil action in China.
Keywords/Search Tags:non bis in idem, Res Judicata, The object of litigation, civil litigation
PDF Full Text Request
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