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On The Co - Ordination Of The Parties In Civil Action

Posted on:2017-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:H Y ShaFull Text:PDF
GTID:2206330503986205Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Civil Procedural Law is to protect the exercise of litigation rights of the parties to confirm civil rights and obligations, sanctions for civil wrongs, protect the legitimate rights and interests of the parties legal norms, helping to maintain social and economic order, social stability is the development of effective protection. In civil proceedings, the burden of proof to ensure that people have access to effective evidence, assumes the burden of proof or a third party who has the responsibility to try to help the obligation to investigate the evidence, which is the third-party obligations of Civil Procedure. In many civil law countries (regions), the Civil Procedure Law are all third-party obligations of parties’ evidence detailed provisions, including the type of obligation, the parties to fulfill their obligations manner, after breach of obligations need to be sanctions measures. But relatively speaking, China’s Civil Procedure Law in Constructing there are many deficiencies on. So the third-party civil procedure law obligations insight, and by comparison with the relevant provisions of the different legal systems and learn to analyze China’s current lack of civil legal structure and to explore synergies legal obligation is necessary.This paper proposes the importance of third-party civil legal obligations in accordance with the research background, the parties to a civil action in conjunction with the nature of the obligations of the meaning of the analysis, that the subject of the obligation includes live with the burden of proof of the parties and civil disputes two third party without direct interest, and third-party obligations rather than individual objects is the court, it is a public law. Secondly, according to the article on the theory of party Cooperation obligations were discussed, analyzed its legitimacy,necessity and covers the basic value accurately, justice, harmony, efficiency four areas.Again on the parties work together to develop abroad Obligation Course and Status Quo in on the civil law of Germany, Japan, the Taiwan region, mainland of China’s Civil Procedure Law in conjunction duties were introduced, the relevant provisions of the common law in the United States, the United Kingdom will be the interpretation summarized and related to third-party obligations of civil law provisions, to analyze its shortcomings. Finally,according to third-party classification in Civil obligations, the obligations of third-party construction, including elements of third-party obligations, respect the applicable time third-party obligations, third-party obligations violate the boundaries of the legal consequences of third-party obligations and the like.In this paper, the parties in Civil Evidence Investigation Cooperation obligation a full range of interpretation and, through its legitimacy, necessity analysis, reference to foreign legal systems related to different provisions for third-party obligations of the parties in civil litigation structure, having certain constructive and practical.
Keywords/Search Tags:civil procedure, Cooperation obligations, evidence investigation, civil law, common law
PDF Full Text Request
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