Personnel On The Early Proceedings

This thesis has made efforts to indicate the concept of personnel proceedings, compare the distinctions among personnel proceedings, common proceedings and noncontentious proceedings. Then it carefully researches the system of personnel proceedings in main countries or districts in Roman Germanic family and Anglo-American law system. Through observation we can conclude as follows: the construction of the system of personnel proceedings is originated from the objective demand of social reality, not legislators' discretionary act of certain country. Further, the establishment of personnel proceedings has profound foundation of theory and practice. Firstly, the special object of action requires special litigation procedure being designed, namely, the principle of procedural symmetry. Secondly, modern social disputes have become many-facted, which demands adopting different institutional arrangements and settlement patterns on the basis of the classificatory and qualitative difference of disputes, namely, the principle of procedural diversification. Thirdly, the sort of contentious proceedings and noncontentious proceedings and the crisscross of contentious jurisprudence and noncontentious jurisprudence demand establishing a new field of solving disputes, namely, the principle of making procedure become noncontentious. The Two Codes of Civil Procedure have never provided the system of personnel proceedings since the People's Republic of China was founded. And few scholars stand for establishing the system of personnel proceedings. The main content of third part of this thesis is analyzing the causes of lacking personnel proceedings' legislation, establishing the necessity of modern personnel proceedings and putting forward preliminary idea of constructing native personnel proceedings. The guiding principles of this thesis are Marxist dialectical materialism and historical materialism. This paper combines theories and practice, uses comparison method and historical analytic method. Based on this methodology it thoroughly expounds fundamental theories of personnel proceedings.