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Civil Procedure Justice In China To Achieve

Posted on:2003-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:X H TangFull Text:PDF
GTID:2206360062996157Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In the recent years, procedural justice has been a focal point in the field of the science of law. Owing to the long-term influence of the traditional legal culture, insufficient attention has been paid on the independent value of procedural justice. The 15th Congress of CPC established the principle of administering the country according to law as the strategic policy. Procedural justice, as a fundamental legal criterion, must obtain its own value different from substantial justice. And civil litigation, one of the important legal procedures of social justice, appeals and resorts to procedural justice.This paper first discusses the function and significance of procedural justice of civil litigation, and further explains its standard. By evidential analysis of the practical situations of China civil litigation, the paper attempts to expose the shortage of the awareness of the civil litigation procedures. And in the later part of the paper, the author advocates the concern of procedural justice in designing and operating civil litigation policies, and the concern of judge's neutrality and procedural capacity of the lawsuit parties.To enhance the above, the paper calls for the improvement and reformation of the current civil litigation policies, including ensuring court and judge independence, establishing argument doctrine and direct speech phrase principle, assigning the judge redeaseing the clear power, perfecting judiciary opening principle, etc.
Keywords/Search Tags:procedural justice, civil litigation, relization
PDF Full Text Request
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