Study Of The Theory Of Civil Appeal

Tell right theory with " for proposition of studying , announce civil substantive law and relation of civil procedure people, and make law science of the civil action break away from civil entity's law science and become an independent legal discipline from this, the civil procedure becomes an independent department law too. Is it tell right theory civil action theoretical system , even whole lawsuit theoretical system build the foundation stone constructed to we can say, tell right theory too because complexity their consider as civil action " Goldbach's Conjecture " of theory, it is a difficult point in law science of the civil action. I according to oneself ten teaching experience of civil procedure for one year , combine administration of justice practise, to to tell right carry on theory probe into and study , in order to is it tell right visual angle of theoretical research to expand civil action, abundant to tell right theory, is it tell right theoretical direction concrete judicial practice to spend. Full text divide into four part altogether, compose a piece of writing about 40,000 words.First part In order to tell the general theory of right civilly. The article has analysed at first that tells that history of the right concept traces to the source, has found the origin of telling the right concept, and through to tell right discussion of research object of theory, is it tell righttheory in whole lawsuit status and function of the theoretical system and frame to point out, it is a foundation stone of the whole civil procedure theory.Second part In order to tell the historical development of the right theory and current situation civilly. Article civil to tell right analysis of theory to various kinds of foreign countries at first, point out advance and defect of theory this, through civil to tell right history of theory analyse , point out our country transplant the former Soviet Union tell all sorts of drawbacks in theory of right to our country. Is it tell right analysis of theory to Jiang Wei Mr. to pass , draw lessons from research approach and weak point its, for put forward telling right theory does well the bedding one's own.The third part For being civil to tell right research of basic theories, focal point and core of this text. Whether I is it to tell right analysis and reference of theory both at home and abroad , propose following innovative view to pass. (l)Tell that right stems from the mother of the right -Human rights, human rights is divided into entity's right and procedure right again, the right of the procedure is the essential guarantee of entity's right , it is the important content of the human rights; (2)Tell right entity right relief right of procedure after disputing , belong to procedure right of human rights, it is the request right of regarding realizing entity's right as object and putting forward to judicial organ inthe country ; (3)Tell that right is the equal rights that both parties all enjoy , it and entity's dispute exist together. After disputing, both parties have already enjoyed the right of telling before sueing, have told that right has been shown as the lawsuit right in the lawsuit. After final judgement, so long as one party thinks that there are right disputes , enjoy the right of telling, can apply to review , so, tell that right has been already in the lawsuit, powers and functions outside the lawsuit. (4)People with sovereign right thought promote tell right development of theory. The third part China is it tell analysis of right to broad sense to pass also, tell broad sense right divide into constitution tell right , criminal to tell; Have proposed that the can be tolding of the constitution, seek the theoretical foundation for the administration of justice of the constitution in term of telling right , put forward constitution tell right whether fundamental right of citizen that stipulate in the constitution encroach on or dispute administration of justice when not to relieve right, right is the basic procedure right that the citizen should en...